Property and Contract: Comparative Reflections on English Law and Spanish Law

Description

This book explores a range of comparative issues in, and in the relationship between, property law and contract law in English and Spanish law. It also draws on other jurisdictions. The purpose is to give readers access to discussions of these areas of private law that are not easily accessible elsewhere. It goes further, however, than simply setting out similarities and differences: it provides an insightful analysis of key points of interest in the comparison of the legal systems discussed. Volume 30: Studies of the Oxford Institute of European and Comparative Law Preface Contents List of Contributors List of Abbreviations Note on Translations Used in this Volume 1. Introduction I. General Scope and Purpose of the Book II. Institutions and Terminology of the Spanish Law of Property 2. Contract and the Transfer of Ownershipin Spanish and Latin American Law: An Overview I. Limited Scope of the Discussion II. The Roman-Canon Law Tradition III. The Break from the Traditional Mechanism of Transfer Made by the French Civil Code IV. The System of ‘Titulus et Modus’ for the Transfer of Ownership in Spain, in Austria and widely in Latin America V. Features of the Modern Spanish System VI. Traditio of Movables and the Rule ‘Possession is Equivalent to Title’ VII. Traditio of Immovables and Registration in the Public Register 3. The Dual Role of the Escritura Pública in the Sale of Immovable Property I. Introduction II. Delivery as an Obligation of the Vendor and Delivery as Traditio III. Some Special Features of the Transfer of Ownership by Escritura Pública 4. A Non Domino Acquisitions and Protection of Third-Party
Purchasers of Immovable Property in the Spanish Legal System I. Introduction II. The Principle and Requirements of Conclusive Title through Registration III. The Fundamental Effect of Conclusive Title: Curing the Transferor's Lack of Power of Disposition and Establishing a True A Non Domino Acquisition 5. Contract and Conveyance: The Further Repercussions of Different Transfer Systems I. Introduction, or: On the Importance of Understanding Rules in Context II. Outline of the Different Property Transfer Regimes III. The Passing of Risk IV. The Nature of the Buyer's Claim against the Seller V. Security Mechanisms and Protection against Insolvency VI. The Effects of Rescission of Contract VII. The Size and Structure of the Law of Unjust(ified) Enrichment VIII. The Rules on Bona Fide Purchase IX. Conclusion 6. The Creation and Transfer of Property Rights by Contract in English Law I. Introduction. Contract and Property: Independence and Interdependence II. Contracts to Transfer Rights in Land: The Creation of Property Rights in Equity III. Passing the (Legal) Property in Movables by Contract IV. Conclusions 7. The Transfer of Ownership of Goods in the Draft Common Frame of Reference I. Introduction II. The Proposal for Harmonising the Transfer of Ownership of Goods: The Work of the Study Group on a European Civil Code III. The Basic Structure of Article VIII-2:101 DCFR IV. Autonomy of Will and Transfer of Ownership V. The Principle of Delivery and the Greater Protection of the Interests of All the Parties Involved (Creditors) VI. Abstract Transfer versus Causal Transfer VII. Conclusion 8. The Assignment of Contract Some Comparative Reflections on French and English Law I. Introduction. The Assignment of Contract: An Intriguing Recognition II. Opposing Visions of the Mechanism of Assignment III. A Mechanism Revealing the Proprietary Character of the Contract IV. Conclusion 9. Mistakes in Wills I. Introduction II. Mistakes III. Remedies IV. Conclusion 10. Private Property and Forced Expropriation Current Challenges in Spanish Law I. Introduction II. Private Property in the Spanish Constitution of 1978 III. Forced Expropriation IV. Weak Points or Aspects Most in Need of Reform in the LEF V. The United Kingdom before the European Court of Human Rights on the Basis of Expropriation Index