1st Edition

The Reform of Property Law

ISBN 9781138366381
Published February 26, 2020 by Routledge
413 Pages

USD $39.95

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Book Description

First published in 1997, this volume constitutes a collection of new papers by more than 20 United Kingdom and International experts on general and specific issues relating to the reform of all aspects of property law. Topics covered include the language of property law and the dangers of reform, the role of the Law Commission and the workings of Parliamentary procedures, registration of title to land, landlord and tenant, land pollution, mortgages, sale of goods, the Hague Convention on trusts, together with general comparative papers and papers dealing with specific issues of property law reform affecting Hong Kong, Ireland, Scotland and South Africa. The volume arises out of the successful conference 'The Reform of Property Law' hosted by the Centre for Property Law at The University of Reading in 1996.

Table of Contents

Part 1. General Considerations. 1. Reforming the Language of Property Law. Peter Butt. 2. The Role of the Law Commission. Trevor M. Aldridge. 3. Reform and Parliamentary Procedures. D. N. Clarke. 4. The Dangers of Reform. Jean Howell. Part 2. Landlord and Tenant. 5. Variation of Leases and Tenant Liability. Susan Bright. 6. Termination of Tenancies by Tenants: A Just Cause? Peter F. Smith. 7. The Reform of Agricultural Holdings Law. Roger Gibbard and Neil Ravenscroft. Part 3. Specific Issues. 8. Land Registration: Reform at Last? R. J. Smith. 9. The Right to Possession: The Need for Substantive Reform. Lisa Whitehouse. 10. The Polluter Pays. Rosalind Malcolm. Part 4. International and Comparative Papers – General Property Law. 11. General Principles of Property Law: A Traditional Continental View. Wolfgang Mincke. 12. Effects of the Hague Convention in a Civil Law Country. Maurizio Lupoi. 13. Identity Matters. Lars van Vliet. Part 5. International and Comparative Papers – Land Law. 14. Land Law Reform: A Comparative Perspective. Alan Watson. 15. The Mortgagee as Fiduciary: Comparative Perspectives on an Emerging Doctrine. Peter Devonshire. 16. 700 Years at One Blow: The Abolition of Feudal Land Tenure in Scotland. Kenneth G. C. Reid. 17. Land Law and Reform in Ireland. Andrew Lyall. 18. Land Reform in South Africa. C. G. van der Merwe and J. M. Pienaar. 19. Reforming the Priority Rules in Hong Kong: A Comparative Perspective. S. H. Goo.

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Paul Jackson, Professor, Director of Centre for Property Law and David C. Wilde, Lecturer in Law, University of Reading, UK


’...the overall quality is high and a number of the contributions are stimulating and well worth reflecting upon...a collection of essays that contains much value and is deserving of a wide readership. The organisers of the conference and the editors of the book deserve congratulations for assembling a varied and stimulating collection of papers on Property law.’ Modern Law Review