Integrating Common Law and Civil Law Traditions
Chapter 6: Objects of property rights
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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