Description |
1 online resource (xxii, 551 pages) |
Series |
The common core of European private law ; 12 |
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Common core of European private law ; 12.
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Contents |
Cover; Time-Limited Interests in Land; The Common Core of European Private Law; Title; Copyright; Contents; General editors' preface; Preface; Contributors; Abbreviations; PART I: Introduction and context; 1 Setting the scene; 1. The scene; 2. Balancing the interests: a handful of common problems; 3. Time-limited interests arising by operation of law; 2 General introduction; 1. Overview; 2. The hybrid character of time-limited interests in land; 3. The approach and purpose of this study; 3.1. Background; 3.2. Drawing a geographical map of the law of Europe; 4. The genesis of the book |
Summary |
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 |
Bibliography |
Includes bibliographical references and index |
Notes |
English |
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Print version record |
Subject |
Land use -- Law and legislation -- Europe
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Time (Law) -- Europe
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Landlord and tenant -- Europe
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Land titles -- Registration and transfer -- Europe
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Servitudes -- Europe
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Leases -- Europe
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Usufruct -- Europe
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LAW -- Administrative Law & Regulatory Practice.
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Land titles -- Registration and transfer
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Land use -- Law and legislation
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Landlord and tenant
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Leases
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Servitudes
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Time (Law)
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Usufruct
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Europe
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Form |
Electronic book
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Author |
Van der Merwe, C. G.
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Verbeke, Alain.
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ISBN |
9781139519021 |
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1139519026 |
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9781139206709 |
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1139206702 |
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9781139517164 |
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1139517163 |
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1280774649 |
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9781280774645 |
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1139508415 |
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9781139508414 |
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9786613685018 |
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6613685011 |
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1139518097 |
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9781139518093 |
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1139515519 |
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9781139515511 |
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1139514598 |
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9781139514590 |
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