New Perspectives on Property Law: Human Rights and the Family Home [NOOK Book]

Overview

The essays in this collection consider the fundamental concepts of property and obligations in law. Ideas of property and of obligations are central, organising concepts within law but are nevertheless liable to fragmentation and esoteric development when applied in particular contexts. The contributors examine this phenomenon in three ways. First, in the interaction of land law, housing law and family law to the acquisition of rights in the home. Secondly, by considering how human rights norms will impact on the...
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New Perspectives on Property Law: Human Rights and the Family Home

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Overview

The essays in this collection consider the fundamental concepts of property and obligations in law. Ideas of property and of obligations are central, organising concepts within law but are nevertheless liable to fragmentation and esoteric development when applied in particular contexts. The contributors examine this phenomenon in three ways. First, in the interaction of land law, housing law and family law to the acquisition of rights in the home. Secondly, by considering how human rights norms will impact on the development of property and obligations law in the future. Thirdly, by reconsidering the historical development of many of these notions in English law. What emerges is an understanding that when the concepts of property and obligations are uprooted from their conceptual soil, they take on very different characteristics.
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Product Details

  • ISBN-13: 9781135334192
  • Publisher: Taylor & Francis
  • Publication date: 10/2/2012
  • Sold by: Barnes & Noble
  • Format: eBook
  • Pages: 370
  • File size: 2 MB

Table of Contents

Preface
List of contributors
Introduction
1 Equity, individualisation and social justice: towards a new law of the home 1
2 Family law and property law: competing spheres in the regulation of the family home 37
3 Rights in the family home - time for a conceptual revolution 53
4 Rethinking Rosset from a human rights perspective 79
5 A leonine partnership: marriage, undue influence and the family home 99
6 Land law and the creation of disability 117
7 The valuation of co-owners' interests in capital and means-tested benefits: half the value or the value of half? 131
8 Locating group homes and the planning law process 159
9 Housing an individual: property problems with the mentally vulnerable 183
10 Human rights and obligations of confidentiality in the private sphere: A v B plc in the Court of Appeal 205
11 State intervention and private property rights in Victorian England 217
12 Missed or misguided? Formality, land contracts an the Statute of Frauds 239
13 Looking at covenants positively, for a change 253
14 How poor law rights were lost but Victorian values survived: a reconsideration of some of the hidden values of welfare provision 271
15 Property and obligations: continental and comparative perspectives 295
16 Rapporteur's overview: differentiation in property law 319
Index 329
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