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Kreiczer-Levy S: Inheritance and
Continuity

Inheritance and Continuity

Because We Cannot Stop for Death

This book discusses the 'theory of dematerialised property', a constructivist property theory that applies to tangible and intangible property alike. It explains the way in which this theory regards 'property' as a creation of the law, whereby the property object (res) is a normative conception brought into existence by the property rights in it, and an actual corporeal thing is merely a practical incidence of the abstract-normative idea of the property object. The discussion of dematerialised property is founded on a theoretical examination of definitions, terminologies and concepts of property, particularly ownership and possession, and restricted real rights, as well as a comparative law overview of concepts of ownership and the acquisition and transfer of property rights in the different Common law and Civil law property systems. The concept of dematerialised property serves as a good theoretical basis for explaining and defining forms of tangible and particularly intangible property, like debts, money and shares, and modern forms of property, such as electronic money, non-fungible tokens or data. The book also features the ideas of property theorists in law and in political philosophy, such as the classical theories by Grotius, Pufendorf, Locke and Hegel, and it revisits modern legal theories of property. It then deals with economic, sociological and psychological dimensions of property which are behind the legal concept of property, aspects that are generally disregarded in traditional texts on property theory.

Theories about the Nature and Concept of Property

The Laws of Property

Over the last two decades, Pakistan has seen major legislative changes in the area of gender-based violence. This book explores the impact and ongoing influence of these changes. A frequent refrain in political and social commentary in Pakistan is that these laws, while transformative on paper, have not translated to actual change in the lives of women and girls because of poor implementation. Through analysis of court cases, data on criminal proceedings, and interviews with activists and survivors, this book demonstrates how the impact of progressive laws is influenced by entrenched social norms and structural flaws in state institutions, especially the criminal justice system. Sara Malkani sheds light on limitations of the formal justice system while showing how law reform can create openings for activists to pursue gender justice.

Lessons from Pakistan

Progressive Laws in Patriarchal Societies

International Studies in the Theory of Private Law

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.

A Comparative Approach to the Principle of Numerus Clausus

Stability and Change in Modern Property Law

Routledge Research in Intellectual Property

This book discusses copyleft and its impact on the traditional way to conceive of property. It is specifically focused on the European and international juridical framework.Analysing the impact of digitalization on copyright and the potential effect of copyleft in the European market and within a European and international juridical framework, this book explores the complex evolutionary framework which charts the reduction of physical property and the progressive expansion of intangible assets. Although digitalization enables more accessibility than ever before, this impacts traditional intellectual property frameworks. Evaluating common traits of ownership structure, the book considers the challenges that intangible property, open source and creative commons present to the current legal system. Examining the impact of copyleft on copyright and the law of ownership, the book considers the rights of authors and creators, legal limits and complications arising from these new forms of ownership of intangible assets. The book is grounded in the European potential regulatory framework of copyleft through movements like open-source software.The book will be of interest to students, academics and practitioners with an interest in contract law, property law and intellectual property law.

Copyleft and the Future of Intellectual Property

Digitization, Copyright and the Law

"Any Will drafter should have this book in their arsenal." - Law Skills (of a previous edition) This book contains a comprehensive collection of precedents supplied as an electronic download, including a variety of precedents for individual clauses as well as a set of complete wills catering for different scenarios. The emphasis of the approach is on clarity, practicality and simplicity, so you can quickly draft legally sound wills for a variety of circumstances. The book includes notes and guidance on drafting, and additional materials, letters, support materials and extracts from relevant legislation. Recommended by the Institute of Professional Willwriters, Parker's Will Precedents is a well-established and highly regarded publication, renowned for its clarity of drafting. Parker's Will Precedents is also available as a standalone online service, available through Bloomsbury Professional Online.

Parker’s Will Precedents

The History and Theory of International Law

A Sociology of International Investment Law applies methods associated with the sociologist Max Weber to illuminate aspects of international investment law - a regime made up of thousands of treaties that protect foreign investors from state action diminishing the value of their investments. By applying many of Weber's key themes associated with legal modernity - legitimacy, rationality, domination, bureaucracy, and charisma - the book conscripts tools of analysis that enable the testing of many of investment law's operating assumptions. 

A Sociology of International Investment Law Law is premised on the belief that theory informs practice and that enlisting aspects of Weber's work illuminates the contemporary practice of, and debates over, international investment law. Utilizing Weber's themes and methods, results in a deeper appreciation of the connections of international investment law has with classical social theory. The book also reveals how the field fails to measure up to many of the analytical challenges that Weber's sociological interventions provoke. This book offers an exploration of the commonalities, differences, and blind spots shared by this relatively new international legal field with one of the most influential theorists of modernity.

This is an open access title. It is available to read and download as a free PDF version on Oxford Academic and is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence.

Themes from Max Weber

A Sociology of International Investment Law

J.K. Lasser's New Rules for Estate, Retirement, and Tax Planning

The Renters Rights' Act: A Practical Guide provides a comprehensive analysis of the most significant reform to residential tenancy law in England in over 30 years. This timely resource explains the abolition of Section 21 no-fault evictions, the conversion of fixed-term tenancies to periodic arrangements, and the new regulatory framework designed to rebalance power between landlords and tenants during a housing crisis.This book covers the historical context of residential tenancy law, details the new grounds for possession, explains strengthened tenant rights regarding rent increases and property conditions, and outlines the new Private Rented Sector Ombudsman service. Additional chapters address discrimination protections, the Decent Homes Standard, implications for mortgagees and ground landlords, enforcement mechanisms, and anticipated changes to court procedures as the legislation is implemented.This practical guide is written for a professional audience including residential landlords, property management agents, real estate and litigation lawyers, housing authorities, and surveyors operating in England. While primarily serving those who need to understand and implement the new legislation professionally, this book's clear structure and plain language approach make it accessible to academics studying housing policy and legal professionals advising clients on residential property matters.

A Practical Guide

The Renters' Rights Act

The Art Law Library

This open access book offers a unique perspective on the return of cultural objects by considering the aftermath of the handover processes. While calls for the repatriation of heritage have been made since the start of the decolonisation process, it is only in recent years that the debate on returning cultural objects has gained widespread prominence. This has been followed by ongoing efforts from several countries to change the legislation, adopt principles, and invest in provenance research to turn repatriation into a more proactive mechanism. The book tells the story of cultural objects that were housed in European institutions and returned to countries in Africa, Asia, and the Americas. In addition to in-depth analysis of relevant laws and policies, each of the case studies integrates interviews with those who were directly involved in those return processes, as well as those who were impacted by them, including museum staff, government representatives and community members. The book presents previously unheard insights into past return processes, the manifold modalities that such processes have followed, and, at times, unexpected outcomes. By doing so, it offers possible lessons to be learnt for future returns. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Leverhulme Trust.

Exploring the Stories of Cultural Objects After their Return

Beyond Restitution

This book provides a thorough comparative analysis of copyright protection of spatial data across Australia, the United States of America (USA), and the European Union.With the emergence of terrestrial scanners, drones, robotics, and artificial intelligence (AI), the acquisition of data has recently reshaped the landscape of the survey industry, highlighting the importance of protecting the intellectual rights of surveyors. This book investigates the distinct approaches taken by each jurisdiction in protecting copyrights in spatial data and explores commonalities and disparities between these jurisdictions, highlighting best practices. The book also explores the alternative means of protecting spatial data and provides final recommendations aimed at policymakers, with the overarching objective of nurturing a balanced copyright system.This book will be of interest to students and scholars in the field of copyright law and spatial data.

The Copyright Law of Spatial Data

Cambridge Studies in European Law and Policy

Social media giants likeMeta and transnational regulators such as the European Union are transforming private governance by creatively emulating public law frameworks. Drawing on exclusive interviews and in-depth analysis of Meta's Oversight Board and the EU's Digital Services Act, this book explores how these approaches blend European and American perspectives, bridging distinct legal traditions to address the challenges of platform governance. Analysis of content moderation practices and their implications uncovers a critical pattern in the evolution of governance for industries that will define the future, from digital platforms to emerging technologies. Combining public and private law in innovative ways, the book sheds light on bold governance experiments that will shape the digital world - for better or worse. This title is also available as Open Access on Cambridge Core.

The Oversight Board, the Digital Services Act, and the Struggle for Platform Accountability

Governance by Emulation

This book highlights the right to terminate a contract, yielding invaluable insights to enable policymakers and legal practitioners to facilitate international trade.In the modern landscape of globalised trade, the imperative of a harmonised legal framework of contract law capable of fostering stability and trust in cross-border trade has never been more pronounced. This is represented in the United Nations Convention on Contracts for the International Sale of Goods (CISG), providing rules that can be known, understood and abided by globally. This book focuses on the termination of contracts, one of the harshest remedies when a sale of goods contract is breached by the seller. Breaches by the seller dealt in this book are confined to breaches of contractual description, delivery time and quality of goods, which are the most common violations of sale of goods contracts. This book scrutinises the methods adopted for challenging or facilitating contractual termination by CISG as a transnational law, as well as the Sale of Goods Act 1979 (SGA) and Kuwaiti law (KLaw), both of which are national laws of non-contracting states of CISG. This study also draws attention to lacunae and practical issues, focusing on critical analyses of law and cases, and recognises the adopted themes underlying each law to find the degree of their legal clarity and the threshold upon which termination can be granted. This comprehensive analysis also provides inspiration for beneficial changes by weighing the pros and cons of each system.The book will be of interest to practitioners, students, and scholars in the fields of contract law, trade law, commercial law and international law.

Buyers’ Rights Under Contract Law

Contract Termination in International and Domestic Trade

Inheritance and Continuity

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