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Stability and Change in Modern Property Law: A Comparative Approach to the Principle of Numerus Clausus

Stability and Change in Modern Property Law: A Comparative Approach to the Principle of Numerus Clausus

Paperback

Series: International Studies in the Theory of Private Law

General Law

PREORDER - Expected ship date January 21, 2027

ISBN10: 1509981969
ISBN13: 9781509981960
Publisher: Hart Publishing
Published: Jan 21 2027
Pages: 320
Weight: 1.00
Height: 1.00 Width: 6.14 Depth: 9.21
Language: English

This book examines the English and German version of the numerus clausus principle which holds that there is a closed list of permitted property rights.

It challenges recent views that the principle renders property law inflexible and unable to accommodate social and economic changes. Relying on a novel approach combining property theory and comparative research of English and German law, it argues that the restrictions the principle imposes on the creation of new property types actually does accommodate social changes through a process of 'functional transformation' of the existing property rights.

This is a fascinating, unique study, that makes a rigorous, original contribution to property law theory.

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Weil, Ernesto Vargas

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General Law