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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General Conclusion

Yaëll Emerich

Abstract

Property law, long considered impossible to examine from a comparative point of view, has often been ignored in comparative analysis. In fact, up until recently, it was excluded from transysstemic legal education. This book aims to show that property law has much to gain from a transsystemic or integrated approach. Far from getting lost in the twists and turns of an irreconcilable analysis of different traditions, property law concepts actually become clearer through a transsystemic lens and allow for a contextualized understanding of legal systems and their distinctive features.

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