ABSTRACT
The essays in this collection examine the conceptual notions of property and obligations in law. Ideas of property and of obligations are central, organising concepts within law but are nevertheless liable to fragmentation and esoteric development when applied in particular contexts. In particular this collection focuses on the ways in which those concepts are applied to commercial law, land law, human rights law, intellectual property law, the law of restitution, company law and legal theory. This is a challenging and progressive collection of essays which cohere into an extensive examination of private law.
TABLE OF CONTENTS
chapter 2|30 pages
The (virtue) ethics of private property: a framework and implications
David Lametti
chapter 6|7 pages
The reform of property law and the Land Registration Act 2002: a risk assessment
Martin Dixon
chapter 8|18 pages
The theory of unjust enrichment
Peter Jaffey UNJUST ENRICHMENT AND RESTITUTION The principle of unjust enrichment as an underlying principle
chapter 12|14 pages
The policy against accumulation and three party cases: Roxborough v Rothmans of Pall Mall A ustralia
Simone Degeling
chapter 14|12 pages
Whose molecule is it anyway? Private and social perspectives on intellectual property
Sol Picciotto and David Campbell
chapter 16|12 pages
Property rights, international trade and human rights
Janet Dine PROPERTY IN INTERNATIONAL HUMAN RIGHTS LAW
chapter 18|14 pages
Mutuals and co-operatives: property, obligations, business and dedicated assets
Ian Snaith THE NATURE OF CO-OPERATIVES AND MUTUALS
chapter 19|4 pages
Rapporteur’s overview: between morality and formalism in property, obligations and restitution
Alastair Hudson THE CENTRAL CONCEPTUAL QUESTION