Comparative Property Law

Edited by Michele Graziadei, Professor of Comparative Law, University of Torino and Fellow, Collegio Carlo Alberto, Italy and Lionel Smith, Gonville & Caius College, University of Cambridge, UK

'As one of the latest titles in Elgar's Research Handbooks in Comparative Law series, this book presents the results of an enormous amount of up-to-date research in this increasingly topical area of law and contains a wealth of references in the extensive footnoting and the bibliographies which follow most chapters. For comparative lawyers, or property lawyers advising international clients, this is an extremely useful volume to acquire.'--The Barrister'This excellent and wide-ranging book offers the best and most comprehensive comparative analysis of property law I have seen in years. The book covers a myriad of fascinating topics. It contains contributions from first-rate property scholars from all over the world and despite its breadth, it makes for a delightful read. The chapters of the books contain a plethora of new insights into the law and practice of property in different countries. Any reader will learn a tremendous deal from the book. Its chapters offer a rich discussion of assets, doctrines, institutions and legal systems. It is difficult to imagine such wealth of legal resources and knowledge in any other single source. The book is highly recommended to all readers.' --Gideon Parchomovsky, University of Pennsylvania'Property laws and norms lie at the foundation of human life, but because property rules have been thought to be peculiarly local, knowledge about them has travelled poorly. This volume, which cuts across disciplines and cultures, is a welcome effort to stanch this parochialism.' --Robert Ellickson, Yale Law School

• Contents:IntroductionMichele Graziadei and Lionel SmithPART I PERSPECTIVES FROM OTHER DISCIPLINES1. Property in PrehistoryTimothy Earle2. The Anthropology of PropertyBertram TurnerPART II THE PRIVATE PROPERTY MODEL AND ITS GRAMMAR3. Objects of Property Rights: Old and NewSabrina Praduroux4. The Structure of Property Ownership and the Common Law/Civil Law DivideMichele Graziadei5. The Numerus Clausus of Property RightsBram Akkermans6. The State of the Art of Comparative Research in the Area of TrustsAlexandra Braun7. Transfer of Property Inter VivosLars van Vliet8 PossessionYaëll EmerichPART III CONTESTED GLOBAL DIMENSIONS OF PROPERTY LAW9. Comparative Constitutional Property LawAndré van der Walt and Rachael Walsh10. Systems of Public OwnershipGiorgio Resta11. Access to NatureFilippo Valguarnera12. Water RightsDavid B. Schorr13. Land Law in the Age of Globalization and Land GrabbingAmnon Lehavi14. China’s Changing Property Law LandscapeShitong Qiao and Frank K. Upham15. Formalizing Property in Latin AmericaJorge L. Esquirol16. Property and the Religious SphereRoberta Aluffi and Domenico Francavilla17. Cultural Property in International LawFrancesco Francioni18. The Land Rights of Indigenous Peoples Under International LawFederico Lenzerini19. Indigenous Territorial Rights in the Common LawKent McNeil20. Community Rights to Forests in the TropicsAnne M. Larson, Iliana Monterroso, Mani Ram Banjade, Esther Mwangi21. Customary Tenure: Remaking Property for the 21st CenturyLiz Alden WilyIndex