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

(Hardback)

Publishing Details

Classifications

Physical Properties

Description

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

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

Author Bio

Ernesto Vargas Weil is Spencer-Fairest Teaching Fellow in Law (College Assistant Professor) at Selwyn College, and Affiliated Lecturer at the Faculty of Law, University of Cambridge, UK.