Michele Graziadei - Böcker

This volume addresses the exercise of personal autonomy in contemporary situations of normative pluralism. In the Western liberal tradition, from a strictly legal and theoretical perspective the social individual has the right to exercise the autonomy of his or her will. In a context of legal plurality, however, personal autonomy becomes more complicated. Can and should personal autonomy be recognized as a legal foundation for protecting a person’s freedom to renounce what others view as his or her fundamental ‘human rights’? This collection develops an interdisciplinary conceptual framework to address these questions and presents empirical studies examining the gap between the principle of personal autonomy and its implementation. In a context of cultural diversity, this gap manifests itself in two particular ways. First, not every culture gives the same pre-eminence to personal autonomy when examining the legal effects of an individual’s acts. Second, in a society characterized by ‘weak pluralism’, the legal assessment of personal autonomy often favours the views of the dominant majority. In highlighting these diverse perspectives and problematizing the so-called ‘guardian function’ of human rights, i.e., purporting to protect weaker parties by limiting their personal autonomy in the name of gender equality, fair trial, etc., this book offers a nuanced approach to the principle of autonomy and addresses the questions of whether it can effectively be deployed in situations of internormativity and what conditions must be met in order to ensure that it is not rendered devoid of all meaning.

In European legal systems, a variety of approaches to trust and relationships of trust meet the universal professionalisation of asset management services. This book explores that interface in order to seek a better understanding of the legal regulation of the entrustment of wealth. Within the methodology of the Common Core of European Private Law, the book sets out cases on the establishment and termination of management relationships, obligations of loyalty and of professionalism, and the choice of law. More specialized cases address collective investment, collective secured lending, pension funds, and securitisation. Reports on these cases from fifteen jurisdictions of the European Union tackle fundamental problems of trust law and show which legal techniques are deployed to solve them across Europe. In addition to a much-needed comparative treatment of the subject, the book discusses the scholarly setting for the issues and gives guidance on the terminology in the evolving European scene.

In European legal systems, a variety of approaches to trust and relationships of trust meet the universal professionalisation of asset management services. This book explores that interface in order to seek a better understanding of the legal regulation of the entrustment of wealth. Within the methodology of the Common Core of European Private Law, the book sets out cases on the establishment and termination of management relationships, obligations of loyalty and of professionalism, and the choice of law. More specialized cases address collective investment, collective secured lending, pension funds, and securitisation. Reports on these cases from fifteen jurisdictions of the European Union tackle fundamental problems of trust law and show which legal techniques are deployed to solve them across Europe. In addition to a much-needed comparative treatment of the subject, the book discusses the scholarly setting for the issues and gives guidance on the terminology in the evolving European scene.

This volume addresses the exercise of personal autonomy in contemporary situations of normative pluralism. In the Western liberal tradition, from a strictly legal and theoretical perspective the social individual has the right to exercise the autonomy of his or her will. In a context of legal plurality, however, personal autonomy becomes more complicated. Can and should personal autonomy be recognized as a legal foundation for protecting a person’s freedom to renounce what others view as his or her fundamental ‘human rights’? This collection develops an interdisciplinary conceptual framework to address these questions and presents empirical studies examining the gap between the principle of personal autonomy and its implementation. In a context of cultural diversity, this gap manifests itself in two particular ways. First, not every culture gives the same pre-eminence to personal autonomy when examining the legal effects of an individual’s acts. Second, in a society characterized by ‘weak pluralism’, the legal assessment of personal autonomy often favours the views of the dominant majority. In highlighting these diverse perspectives and problematizing the so-called ‘guardian function’ of human rights, i.e., purporting to protect weaker parties by limiting their personal autonomy in the name of gender equality, fair trial, etc., this book offers a nuanced approach to the principle of autonomy and addresses the questions of whether it can effectively be deployed in situations of internormativity and what conditions must be met in order to ensure that it is not rendered devoid of all meaning. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

'Opening a property law book often results in reading mere technical descriptions of enforceable rules within a given legal system. This book edited by Michele Graziadei and Lionel Smith breaks this tradition by providing a complete, high-level and up-to-date introduction to key issues in contemporary property law from a multidisciplinary and global perspective. Thanks to the diversity and the quality of the various contributions, it is a perfect gateway for anyone broadly interested in the field.'Mikhail Xifaras, Sciences Po Law School, FranceComparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors are leading experts in their fields who cover both classic and new subjects, including the transfer of property, the public-private divide, water and forest laws and the property rights of aboriginal peoples.Incorporating contributions from a variety of countries, this handbook explores property law with a critical edge, viewing the subject through the lens of both public and private law theory and providing a springboard for further research. This unique coverage of new and emerging subjects in property law also examines developments in Africa, Latin America and China. This handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for scholars working across the breadth of the field.Contributors include: B. Akkermans, L. Alden Wily, R. Aluffi, M.R. Banjade, A. Braun, T. Earle, Y. Emerich, J.L. Esquirol, D. Francavilla, F. Francioni, M. Graziadei, A.M. Larson, A. Lehavi, F. Lenzerini, K. McNeil, I. Monterroso, E. Mwangi, S. Praduroux, S. Qiao, G. Resta, D.B. Schorr, L. Smith, B. Turner, F.K. Upham, A. van der Walt, L. van Vliet, F. Valguarnera, R.l. Walsh

'Opening a property law book often results in reading mere technical descriptions of enforceable rules within a given legal system. This book edited by Michele Graziadei and Lionel Smith breaks this tradition by providing a complete, high-level and up-to-date introduction to key issues in contemporary property law from a multidisciplinary and global perspective. Thanks to the diversity and the quality of the various contributions, it is a perfect gateway for anyone broadly interested in the field.'Mikhail Xifaras, Sciences Po Law School, FranceComparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors are leading experts in their fields who cover both classic and new subjects, including the transfer of property, the public-private divide, water and forest laws and the property rights of aboriginal peoples.Incorporating contributions from a variety of countries, this handbook explores property law with a critical edge, viewing the subject through the lens of both public and private law theory and providing a springboard for further research. This unique coverage of new and emerging subjects in property law also examines developments in Africa, Latin America and China. This handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for scholars working across the breadth of the field.Contributors include: B. Akkermans, L. Alden Wily, R. Aluffi, M.R. Banjade, A. Braun, T. Earle, Y. Emerich, J.L. Esquirol, D. Francavilla, F. Francioni, M. Graziadei, A.M. Larson, A. Lehavi, F. Lenzerini, K. McNeil, I. Monterroso, E. Mwangi, S. Praduroux, S. Qiao, G. Resta, D.B. Schorr, L. Smith, B. Turner, F.K. Upham, A. van der Walt, L. van Vliet, F. Valguarnera, R.l. Walsh

The book provides in-depth analysis of the new perspectives on codifications, and of the related reforms, that give recognition to new ideas, new needs, and new techniques.