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 fascinating re-assessment of the
numerus clausus principle which argues against the position that it adds an inflexibility to property law and its responsiveness to social changes.
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A fascinating re-assessment of the numerus clausus principle which argues against the position that it adds an inflexibility to property law and its responsiveness to social changes.
Introduction: The Spell of Property
1. Legal Change in Property Law
2. The Concept of a Property Right
3. The Numerus Clausus Principle
4. The Governance of Property Rights
5. Function and Justification of the Numerus Clausus
6. Numerus Clausus and Trespassory Liability
7. Numerus Clausus and Successor Liability
8. Form and Substance of the Numerus Clausus
9. The Future of the Numerus Clausus
Ernesto Vargas Weil is Spencer-Fairest Teaching Fellow in Law (College Assistant Professor) at Selwyn College, Cambridge, UK.
