The Laws of Property
Theories about the Nature and Concept of Property
Andreas Rahmatian(Author)
Hart Publishing
Will be published approx. on 18. February 2027
Book
Hardback
336 pages
978-1-5099-6361-4 (ISBN)
Description
This book discusses the 'theory of dematerialised property', a constructivist property theory that applies to tangible and intangible property alike.
It considers the way in which this theory regards 'property' as a creation of the law and considers the possible corporality of things as a conceptually unconnected incidence of the legal-normative conception of the property object. The concept of dematerialised property is a new theory, although in legal practice it seems to have been established intuitively and unconsciously for a long time. The foundation for the discussion of dematerialised property is a theoretical examination of definitions, terminologies and concepts of property, particularly ownership and possession, and restricted real rights, as well as a comparative law overview of concepts of ownership and the acquisition and transfer of property rights in the different common law and civil law property systems.
The theory of dematerialised property forms a good theoretical basis for explaining and defining forms of intangible property, like debts, money and shares, and modern forms of property, such as electronic money, non-fungible tokens or data. The book also features the ideas of property theorists in political philosophy, such as Locke and Hegel, and revisits specifically legal theories of property, such as by Hohfeld, but only to the extent to which all these theories are relevant to practical property law. It then deals with economic, sociological and psychological dimensions of property which are behind the mainly legal concept of property, aspects which are generally disregarded in traditional texts on property theory.
It considers the way in which this theory regards 'property' as a creation of the law and considers the possible corporality of things as a conceptually unconnected incidence of the legal-normative conception of the property object. The concept of dematerialised property is a new theory, although in legal practice it seems to have been established intuitively and unconsciously for a long time. The foundation for the discussion of dematerialised property is a theoretical examination of definitions, terminologies and concepts of property, particularly ownership and possession, and restricted real rights, as well as a comparative law overview of concepts of ownership and the acquisition and transfer of property rights in the different common law and civil law property systems.
The theory of dematerialised property forms a good theoretical basis for explaining and defining forms of intangible property, like debts, money and shares, and modern forms of property, such as electronic money, non-fungible tokens or data. The book also features the ideas of property theorists in political philosophy, such as Locke and Hegel, and revisits specifically legal theories of property, such as by Hohfeld, but only to the extent to which all these theories are relevant to practical property law. It then deals with economic, sociological and psychological dimensions of property which are behind the mainly legal concept of property, aspects which are generally disregarded in traditional texts on property theory.
More details
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
Product notice
sewn/stitched
Cloth over boards
With dust jacket
Dimensions
Height: 234 mm
Width: 156 mm
Thickness: 25 mm
Weight
454 gr
ISBN-13
978-1-5099-6361-4 (9781509963614)
Copyright in bibliographic data is held by Nielsen Book Services Limited or its licensors: all rights reserved.
Schweitzer Classification
Person
Andreas Rahmatian is Professor of Commercial Law at the University of Glasgow, UK.
Content
1. Introduction
2. Existing Property Systems and Structures
3. The Legal Concept of Dematerialised Property
4. Tangible and Intangible Property
5. Classical and Modern Property Theories
6. Economic Dimensions of Property and Economic Modelling of Property
7. Sociological Dimensions of Property 1: Social Functions and Effects of Property
8. Sociological Dimensions of Property 2: Marriage and Family
9. Psychological Dimensions of Property
10. Conclusions
2. Existing Property Systems and Structures
3. The Legal Concept of Dematerialised Property
4. Tangible and Intangible Property
5. Classical and Modern Property Theories
6. Economic Dimensions of Property and Economic Modelling of Property
7. Sociological Dimensions of Property 1: Social Functions and Effects of Property
8. Sociological Dimensions of Property 2: Marriage and Family
9. Psychological Dimensions of Property
10. Conclusions