Hanoch Dagan
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199737864
- eISBN:
- 9780199894994
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199737864.001.0001
- Subject:
- Law, Constitutional and Administrative Law
Property law and property theory have become a thriving industry in the legal academy rendering some exciting conceptual and normative challenges. This book covers numerous property issues to provide ...
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Property law and property theory have become a thriving industry in the legal academy rendering some exciting conceptual and normative challenges. This book covers numerous property issues to provide a liberal theory of property. It analyzes the interactions between landowners and governments (both eminent domain and regulatory takings) and those regulating the governance of property owned by multiple individuals (such as co-ownership, marital property, and the law of common interest communities). This book puts emphasis on groups and it also attempts to look at property law from a broad institutional perspective to show that property law serves as the foundation for the organization of various types of groups and communities. The three parts analyzed in this book, property, state, and community are inter-connected. The book views property as an important legal regime intended to protect important individualistic values such as autonomy, personhood, and desert, and a shield for private individuals against the power of both the state and the community. It also views property as a major instrument in the pursuit of other worthy goals of the liberal state, such as aggregate welfare, social responsibility, and distributive justice.Less
Property law and property theory have become a thriving industry in the legal academy rendering some exciting conceptual and normative challenges. This book covers numerous property issues to provide a liberal theory of property. It analyzes the interactions between landowners and governments (both eminent domain and regulatory takings) and those regulating the governance of property owned by multiple individuals (such as co-ownership, marital property, and the law of common interest communities). This book puts emphasis on groups and it also attempts to look at property law from a broad institutional perspective to show that property law serves as the foundation for the organization of various types of groups and communities. The three parts analyzed in this book, property, state, and community are inter-connected. The book views property as an important legal regime intended to protect important individualistic values such as autonomy, personhood, and desert, and a shield for private individuals against the power of both the state and the community. It also views property as a major instrument in the pursuit of other worthy goals of the liberal state, such as aggregate welfare, social responsibility, and distributive justice.
Roger J. Smith
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780198298526
- eISBN:
- 9780191685460
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198298526.003.0003
- Subject:
- Law, Law of Obligations
In this chapter, the author focuses on three aspects of co-ownership: its definition, forms, and rules relating to them. In illustrating the meaning of co-ownership, the author stipulates that the ...
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In this chapter, the author focuses on three aspects of co-ownership: its definition, forms, and rules relating to them. In illustrating the meaning of co-ownership, the author stipulates that the single requirement demanded by all forms of co-ownership is unity of possession. The essence of which, as the author contends, should not only focus on its physical occupation or possession, but rather, it should concentrate more on the nature of the rights of the co-owner. Joint tenancy and tenancy in common are the two forms of co-ownership. In this chapter, the minimum requirements for each and the principles determining whether the courts will find one or the other are examined. Further, the forms of co-ownership as it relates in the modern law are explored. Specifically, it considers how the rules operate today and the extent to which they remain defensible. Five categories for analysis are demonstrated as well.Less
In this chapter, the author focuses on three aspects of co-ownership: its definition, forms, and rules relating to them. In illustrating the meaning of co-ownership, the author stipulates that the single requirement demanded by all forms of co-ownership is unity of possession. The essence of which, as the author contends, should not only focus on its physical occupation or possession, but rather, it should concentrate more on the nature of the rights of the co-owner. Joint tenancy and tenancy in common are the two forms of co-ownership. In this chapter, the minimum requirements for each and the principles determining whether the courts will find one or the other are examined. Further, the forms of co-ownership as it relates in the modern law are explored. Specifically, it considers how the rules operate today and the extent to which they remain defensible. Five categories for analysis are demonstrated as well.
Roger J. Smith
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780198298526
- eISBN:
- 9780191685460
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198298526.003.0004
- Subject:
- Law, Law of Obligations
Two issues surround the termination of co-ownership: when does the co-ownership of the specific property terminate and when does all co-ownership terminate. In this chapter, the author explores the ...
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Two issues surround the termination of co-ownership: when does the co-ownership of the specific property terminate and when does all co-ownership terminate. In this chapter, the author explores the second issue which questions the termination of the relationship between the parties involved. Specifically, this chapter focuses on severance: converting a joint tenancy into a tenancy in common, thus, avoiding survivorship. This chapter begins with a discussion on partition which involves the splitting of the property between the co-owners before it proceeds to illustrate severance. Written notice and the old equitable grounds as grounds for severance are explored in this chapter. Further, public policy and whether a coherent and workable overall structure exists are also considered.Less
Two issues surround the termination of co-ownership: when does the co-ownership of the specific property terminate and when does all co-ownership terminate. In this chapter, the author explores the second issue which questions the termination of the relationship between the parties involved. Specifically, this chapter focuses on severance: converting a joint tenancy into a tenancy in common, thus, avoiding survivorship. This chapter begins with a discussion on partition which involves the splitting of the property between the co-owners before it proceeds to illustrate severance. Written notice and the old equitable grounds as grounds for severance are explored in this chapter. Further, public policy and whether a coherent and workable overall structure exists are also considered.
Roger J. Smith
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780198298526
- eISBN:
- 9780191685460
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198298526.003.0005
- Subject:
- Law, Law of Obligations
Controversies have arisen on the validity of considering two forms of co-ownership. This chapter examines whether there is a need to reform the present law and take the process of simplification ...
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Controversies have arisen on the validity of considering two forms of co-ownership. This chapter examines whether there is a need to reform the present law and take the process of simplification further and recognize only one form of co-ownership. One practical difference of the two is survivorship. In this chapter, the author claims that if one were to be abolished, it could only be the joint tenancy. Accordingly, the author contends that abolition of the beneficial joint tenancy is the only reform which could bring about real simplification. Although several examples are provided in this chapter that prove the necessity of joint tenancy, the author claims that maintaining both joint tenancy and tenancy in common leads to complexity in the law, thus leading to added expense as well.Less
Controversies have arisen on the validity of considering two forms of co-ownership. This chapter examines whether there is a need to reform the present law and take the process of simplification further and recognize only one form of co-ownership. One practical difference of the two is survivorship. In this chapter, the author claims that if one were to be abolished, it could only be the joint tenancy. Accordingly, the author contends that abolition of the beneficial joint tenancy is the only reform which could bring about real simplification. Although several examples are provided in this chapter that prove the necessity of joint tenancy, the author claims that maintaining both joint tenancy and tenancy in common leads to complexity in the law, thus leading to added expense as well.
Peter Birks
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780198299936
- eISBN:
- 9780191685811
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198299936.003.0006
- Subject:
- Law, Law of Obligations
One of the greatest difficulties encountered by students of property law comes from the English habit of splitting what may in a general way be called ownership into its component parts and making ...
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One of the greatest difficulties encountered by students of property law comes from the English habit of splitting what may in a general way be called ownership into its component parts and making each of them an abstract entity. This chapter gives a simple and general account of ownership, before turning to its most common types of fragmentation. In principle, owners are perfectly free to do nothing at all with the thing: in principle, the law of property imposes no positive duties on an owner. The owner is protected against those who trespass on, interfere with, or take the thing owned; and in English law this protection extends to those who are putative owners. Two other features of ownership are risk and debts. This chapter also discusses co-ownership, of which there are two kinds according to English law: joint ownership and ownership in common. It is very common for people to have property rights that are limited in time. There are two main types: life interest and lease (or bailment).Less
One of the greatest difficulties encountered by students of property law comes from the English habit of splitting what may in a general way be called ownership into its component parts and making each of them an abstract entity. This chapter gives a simple and general account of ownership, before turning to its most common types of fragmentation. In principle, owners are perfectly free to do nothing at all with the thing: in principle, the law of property imposes no positive duties on an owner. The owner is protected against those who trespass on, interfere with, or take the thing owned; and in English law this protection extends to those who are putative owners. Two other features of ownership are risk and debts. This chapter also discusses co-ownership, of which there are two kinds according to English law: joint ownership and ownership in common. It is very common for people to have property rights that are limited in time. There are two main types: life interest and lease (or bailment).
Matt Cole
- Published in print:
- 2011
- Published Online:
- July 2012
- ISBN:
- 9780719082535
- eISBN:
- 9781781702024
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719082535.003.0008
- Subject:
- Political Science, UK Politics
This chapter examines the history of the Liberal Party during the time of Richard Wainwright. It explains that Wainwright was first elected on to the Liberal Party Executive in 1953, and held several ...
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This chapter examines the history of the Liberal Party during the time of Richard Wainwright. It explains that Wainwright was first elected on to the Liberal Party Executive in 1953, and held several significant positions in the Party, including leading its Organisation Department from 1955–58 and being a member of the Committee on the contentious issue of industrial co-ownership in the 1950s and its Campaign Committee from 1959 onwards. This chapter also discusses the role of young liberals, the Women's Liberal Federation (WLF), and liberal councillors in the history of the Party and in the political career of Wainwright.Less
This chapter examines the history of the Liberal Party during the time of Richard Wainwright. It explains that Wainwright was first elected on to the Liberal Party Executive in 1953, and held several significant positions in the Party, including leading its Organisation Department from 1955–58 and being a member of the Committee on the contentious issue of industrial co-ownership in the 1950s and its Campaign Committee from 1959 onwards. This chapter also discusses the role of young liberals, the Women's Liberal Federation (WLF), and liberal councillors in the history of the Party and in the political career of Wainwright.
R. David Lankes
- Published in print:
- 2016
- Published Online:
- January 2017
- ISBN:
- 9780262529082
- eISBN:
- 9780262334600
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262529082.003.0015
- Subject:
- Information Science, Library Science
School libraries can be places of learning and empowerment, but only by sharing ownership with students. The chapter presents several examples of school library service and structures to support ...
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School libraries can be places of learning and empowerment, but only by sharing ownership with students. The chapter presents several examples of school library service and structures to support co-ownership. The iTeam concept of Sue Kowalski is detailed.Less
School libraries can be places of learning and empowerment, but only by sharing ownership with students. The chapter presents several examples of school library service and structures to support co-ownership. The iTeam concept of Sue Kowalski is detailed.