Conceptualising Property Law
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Conceptualising Property Law

Integrating Common Law and Civil Law Traditions

Yaëll Emerich

Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.
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Chapter 6: Objects of property rights

Yaëll Emerich

Abstract

The theory of civil law property is traditionally connected to a materialist conception of property, one in which the objects of ownership consist of things understood as corporeal property. The common law, for its part, is more open to immaterial property since the objects of property rights are always considered incorporeal, at least with respect to real property. The common law and civil law conceptions of property are, however, becoming more closely aligned. This chapter attempts to demonstrate that there is a current trend in both traditions towards recognising ownership and property rights over a variety of things other than material objects. Moreover, despite the difficulty that both traditions face in defining property, the common law and civil law increasingly rely on similar criteria to identify what can constitute the object of ownership or property rights.

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