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Stability and Change in Modern Property Law: A Comparative Approach to the Principle of Numerus Clausus

Stability and Change in Modern Property Law: A Comparative Approach to the Principle of Numerus Clausus

Hardcover

Series: International Studies in the Theory of Private Law

General Law

ISBN10: 1509981926
ISBN13: 9781509981922
Publisher: Hart Publishing
Published: Sep 4 2025
Pages: 320
Weight: 1.36
Height: 0.75 Width: 6.14 Depth: 9.21
Language: English

This book examines the English and German version of the numerus clausus principle which holds that there is a closed list of permitted property rights.

It challenges recent views that the principle renders property law inflexible and unable to accommodate social and economic changes. Relying on a novel approach combining property theory and comparative research of English and German law, it argues that the restrictions the principle imposes on the creation of new property types actually does accommodate social changes through a process of 'functional transformation' of the existing property rights.

This is a fascinating, unique study, that makes a rigorous, original contribution to property law theory.

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Weil, Ernesto Vargas

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General Law