Time Limited Interests in Land (The Common Core of European Private Law)

Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo, Delhi, Dubai, Tokyo: Cambridge University Press, 2012. - 576 pages ISBN: 1107026121 9781107026124 B008CDSRIE Series: The Common Core of European Private Law A comprehensive comparative treatment of six instances of time-limited interests in land as encountered in fourteen European jurisdictions. The survey explores the commercial or social origins of each legal institution concerned and highlights their enforceability against third parties, their content and their role in land development. The commercial purpose of residential and agricultural leases is contrasted with the social aim of personal servitudes (and its common-law equivalent liferent) to provide sustenance for life to mostly family members making the latter an important estate planning device. Whereas the ingrained principles of leases and personal servitudes restrain the full exploitation of land, it is indicated that public authorities and private capital could combine to turn the old-fashioned time-limited institutions of hereditary building lease (superficies) and hereditary land lease (emphyteusis) into pivotal devices in alleviating the acute shortage of social housing and in promoting the fullest exploitation of pristine agricultural land. Contents General editors' preface Contributors Abbreviations Introduction and context Setting the scene General introduction Historical evolution of the maxim ‘sale breaks hire' The many faces of usufruct Case studies Various instances of time-limited interests What happens if land subject to a time-limited interest is conveyed to a third party? What happens if land subject to a time-limited interest is attached in execution of a debt or the landowner becomes insolvent? Does a previously registered mortgage rank above a subsequently constituted time-limited interest? What happens if the holder of a time-limited interest is dispossessed? Duty of the holder of a time-limited interest to repair, replace and renew Entitlements of the holder of a time-limited interest to fruits of agricultural property To what extent may the holder of a time-limited interest convert his/her interest in the land? Remedies of the landowner against misconduct by the holder of a time-limited interest To what extent can a time-limited interest be sold or donated, burdened with a mortgage or a separate limited right, attached in execution proceedings and included in the holder's insolvency assets? Use of time-limited interests in land for land development The effect of an option to purchase and an obligation to maintain in land development Development of an existing building and land development by a public institution Concluding remarks Modern significance of time-limited interests in land Bibliography General index Country index Books in the series Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo, Delhi, Dubai, Tokyo: Cambridge University Press, 2012. - 576 pagesISBN: 1107026121 9781107026124 B008CDSRIE Series: The Common Core of European Private Law A comprehensive comparative treatment of six instances of time-limited interests in land as encountered in fourteen European jurisdictions. The survey explores the commercial or social origins of each legal institution concerned and highlights their enforceability against third parties, their content and their role in land development. The commercial purpose of residential and agricultural leases is contrasted with the social aim of personal servitudes (and its common-law equivalent liferent) to provide sustenance for life to mostly family members making the latter an important estate planning device. Whereas the ingrained principles of leases and personal servitudes restrain the full exploitation of land, it is indicated that public authorities and private capital could combine to turn the old-fashioned time-limited institutions of hereditary building lease (superficies) and hereditary land lease (emphyteusis) into pivotal devices in alleviating the acute shortage of social housing and in promoting the fullest exploitation of pristine agricultural land. __Contents__ General editors' prefaceContributorsAbbreviations Introduction and context Setting the scene General introduction Historical evolution of the maxim ‘sale breaks hire' The many faces of usufruct Case studies Various instances of time-limited interests What happens if land subject to a time-limited interest is conveyed to a third party?What happens if land subject to a time-limited interest is attached in execution of a debt or the landowner becomes insolvent? Does a previously registered mortgage rank above a subsequently constituted time-limited interest? What happens if the holder of a time-limited interest is dispossessed? Duty of the holder of a time-limited interest to repair, replace and renew Entitlements of the holder of a time-limited interest to fruits of agricultural property To what extent may the holder of a time-limited interest convert his/her interest in the land? Remedies of the landowner against misconduct by the holder of a time-limited interestTo what extent can a time-limited interest be sold or donated, burdened with a mortgage or a separate limited right, attached in execution proceedings and included in the holder's insolvency assets?Use of time-limited interests in land for land development The effect of an option to purchase and an obligation to maintain in land developmentDevelopment of an existing building and land development by a public institution Concluding remarksModern significance of time-limited interests in landBibliographyGeneral indexCountry indexBooks in the series The Book Presents A Survey Of The Law Relating To Secured Transactions In The Member States Of The European Union. Following The Common Core Approach The National Reports Are Centred Around Fifteen Hypothetical Cases Dealing With The Most Important Issues Of Secured Transactions Law Such As The Creation Of Security Rights In Different Business Situations, The Relationship Between Debtor And Secured Creditor, The Nature Of The Creditor's Rights And Their Enforcement As Against Third Parties. Each Case Is Followed By A Comparative Summary. A General Report Evaluates The Possibilities Of European Harmonisation In The Field Of Secured Transactions Law.--book Jacket. Introduction: Security Rights In Movable Property Wihtin The Common Market And The Approach Of The Study / Eva-maria Kieninger -- A Labyrinth Of Creditors : A Short Introduction To The History Of Security Interests In Goods / Willem J. Zwalve -- Security In Movables In The United States : Uniform Commercial Code Article 9 : A Basis For Comparison / Harry C. Sigman -- The English Law Of Security : Creditor-friendly But Unreformed / Michael Bridge -- The European Bank For Reconstruction And Development's Secured Transactions Project : A Model Law And Ten Core Principles For A Modern Secured Transactions Law In Countries Of Central And Eastern Europe (and Elsewhere!) / Frédérique Dahan And John Simpson -- The Case Studies -- Evaluation : A Common Core? : Convergences, Subsisting Differences And Possible Ways For Harmonisation / Eva-maria Kieninger. Edited By Eva-maria Kieninger ; With The Assistance Of Michele Graziadei ... [et Al.]. Includes Bibliographical References And Indexes. By examining twelve case studies about mistake, fraud, and duties to inform, this book reveals significant differences about how Contract Law works in thirteen European legal systems and, despite the fact that the solutions proposed are often similar, what divergent values underlie the legal rules. This examination of twelve case studies about mistake, fraud and duties to inform reveals significant differences about how contract law works in thirteen European legal systems and, despite the fact that the solutions proposed are often similar, what divergent values underlie the legal rules. Whereas some jurisdictions recognise increasing duties to inform in numerous contracts so that the destiny of mistake and fraud (classical defects of consent) may appear to be uncertain, other jurisdictions continue to refuse such duties as a general rule or fail to recognise the need to protect one of the parties where there is an imbalance in bargaining power or information. Avoiding preconceptions as to where and why these differences exist, this book first examines the historical origins and development of defects of consent, then considers the issues from a comparative and critical standpoint

Providing a comprehensive analysis of environmental liability law in Europe, this book offers a general introduction to the status of environmental liability in Europe. It describes the relevant international treaties and the EC-Environmental Liability Directive and discusses the conflict of laws issues regarding transfrontier environmental damage. It also contains the results of a comparative project covering 14 jurisdictions in 13 European countries (Austria, Belgium, England and Wales, Finland, France, Germany, Greece, Ireland, Italy, Netherlands, Portugal, Scotland, Spain, Sweden) on the private law aspects of environmental liability. It addresses the main problems of the application of tort law in environmental law, such as the availability of non-fault liability, the establishment of causation, the scope of available remedies and the issue of legal standing. Due to the very limited harmonizing effect of the EC-Environmental Liability Directive national tort law will keep its importance in the field of environmental liability.

For every transnational lawyer, it is vital to know the differences between national secured transactions laws. Since the applicable law is determined by the place where the collateral is situated, it may change when movables are brought from one state to another. Introductory essays from comparative lawyers set the scene. The book then presents a survey of the law relating to secured transactions in the member states of the European Union. Following the Common Core approach, the national reports are centred around fifteen hypothetical cases dealing with the most important issues of secured transactions law, such as the creation of security rights in different business situations, the relationship between debtor and secured creditor, the nature of the creditor's rights and their enforcement as against third parties. each case is followed by a comparative summary. A general report evaluates the possibilities of European harmonisation in the field of secured transactions law. Civil law and common law systems are held to enforce promises differently: civil law, in principle, will enforce any promise, while common law will enforce only those with'consideration'. In that respect, modern civil law supposedly differs from the Roman law from which it descended, where a promise was enforced depending on the type of contract the parties had made. This 2001 volume is concerned with the extent to which these characterizations are true, and how these and other differences affect the enforceability of promises. Beginning with a concise history of these distinctions, the volume then considers how twelve European legal systems would deal with fifteen concrete situations. Finally, a comparative section considers why legal systems enforce certain promises and not others, and what promises should be enforced. This is the second completed project of The Common Core of European Private Law launched at the University of Trento. Civil law and common law systems are held to enforce promises differently: civil law, in principle, will enforce any promise, while common law will enforce only those with 'consideration'. In that respect, modern civil law supposedly differs from the Roman law from which it descended, where a promise was enforced depending on the type of contract the parties had made. This 2001 volume is concerned with the extent to which these characterizations are true, and how these and other differences affect the enforceability of promises. Beginning with a concise history of these distinctions, the volume then considers how twelve European legal systems would deal with fifteen concrete situations. Finally, a comparative section considers why legal systems enforce certain promises and not others, and what promises should be enforced. This is the second completed project of The Common Core of European Private Law launched at the University of Trento

This 2005 examination of twelve case studies about mistake, fraud and duties to inform reveals significant differences about how contract law works in thirteen European legal systems and, despite the fact that the solutions proposed are often similar, what divergent values underlie the legal rules. Whereas some jurisdictions recognise increasing duties to inform in numerous contracts so that the destiny of mistake and fraud (classical defects of consent) may appear to be uncertain, other jurisdictions continue to refuse such duties as a general rule or fail to recognise the need to protect one of the parties where there is an imbalance in bargaining power or information. Avoiding preconceptions as to where and why these differences exist, this book first examines the historical origins and development of defects of consent, then considers the issues from a comparative and critical standpoint.

1. Some Perennial Problems -- 2. Contemporary Solutions -- Case 1. Promises Of Gifts -- Case 2. Promises Of Compensation For Services Rendered Without Charge -- Case 3. Promises To Pay Debts Not Legally Due -- Case 4. A Promise To Come To Dinner -- Case 5. Promises To Store Goods Without Charge -- Case 6. Promises To Do A Favour -- Case 7. Promises To Loan Goods Without Charge -- Case 8. A Requirements Contract -- Case 9. Promises To Pay More Than Was Agreed I -- Case 10. Promises To Pay More Than Was Agreed Ii -- Case 11. Promises To Do More Than Was Agreed; Promises To Waive A Condition -- Case 12. Promises To Take Less Than Was Agreed -- Case 13. Options Given Without Charge -- Case 14. Promises Of Rewards -- Case 15. Promises Of Commissions -- 3. Comparisons. Edited By James Gordley. Includes Bibliographical References And Indexes.

This volume provides a comprehensive analysis of civil liability for invasion of personality interests in Europe. It is the final product of the collaboration of twenty-seven scholars and includes case studies of fourteen European jurisdictions, as well as an introductory chapter written from a US perspective. The case studies focus in particular on the legal protection of honour and reputation, privacy, self-determination and image. This volume aims to detect hidden similarities (the 'common core') in the actual legal treatment accorded by different European countries to personal interests which in some of these countries qualify as 'personality rights', and also to detect hidden disparities in the 'law in action' of countries whose 'law in the books' seem to protect one and the same personality interest in the same way.

Environmental liability in Europe. International and supranational systems of environmental liability in Europe / Monika Hinteregger Some observations on the law applicable to transfrontier environmental damage / Willibald Posch. The case studies The questionnaire : Scope of liable persons : Comparative remarks. Cases : Industrial plant Sudden incident Dangerous substances Genetically modified organisms Micro-organisms Waste disposal site Producer of waste Nuclear power plant The harmless substance Historic pollution. Causation and multiple tortfeasors. Cancer from pollution Increase in leukaemia rate The dying forest Fish kill. Remedies and legal standing. Contaminated land The polluted river The oil spill Contaminated drinking water. Professor James Gordley opens this volume with a concise history of the legal status of promises. In the central part of the book legal experts examine how twelve modern European legal systems deal with fifteen concrete situations in which a promise may not be enforceable--situations that include gifts, loans, bailments, houses, rewards, and brokerage contracts. Despite differences in legal doctrine, the volume reveals similarities in the results. This is the second completed project of The Common Core of European Private Law launched at the University of Trento. "Civil law and common law systems are held to enforce promises differently: civil law, in principle, will enforce any promise, while common law will enforce only those with 'consideration'. In that respect, modern civil law supposedly differs from the Roman law from which it descended, where a promise was enforced depending on the type of contract the parties had made. This volume is concerned with the extent to which these characterizations are true, and how these and other differences affect the enforceability of promises."--Jacket "Providing a comprehensive analysis of environmental liability law in Europe, this book offers a general introduction to the status of environmental liability there. It describes the relevant international treaties and the EC-Environmental Liability Directive and discusses the conflict of laws issues regarding transfrontier environmental damage. It also contains the results of a comparative project, covering fourteen jurisdictions in thirteen European countries on the private law aspects of environmental liability."--BOOK JACKET How legal institutions of limited duration such as leases and personal servitudes can play an important role in estate planning in European jurisdictions. Moreover, developers and local authorities could use the outdated institutions of building rights and hereditary land leases to advance social housing and upgrade barren agricultural land. Surveys the law relating to secured transactions in all member states of the EU. Following the Trento 'Common Core' approach, the national reports are centered around 15 hypotheticals dealing with the most important issues. Each case is followed by a comparative summary. A general report evaluates the possibilities of European harmonisation Legal experts examine how twelve European legal systems deal with situations where a promise may not be enforceable. Despite differences in legal doctrine, similarities in the results are considered. This is the second completed project of The Common Core of European Private Law launched at the University of Trento General introduction Protection of personality rights in the law of delict/torts in Europe : mapping out paradigms / Gert Brüggemeier American tort law and the right to privacy / Joseph A. Page Case studies. "This book examines the historical origins and development of defects of consent then considers the situations from a comparative and critical standpoint."--Jacket