Property Rights and Social Justice

Walsh, Rachael

doi:10.1017/9781108551373

Cited by 24 publications

(1 citation statement)

References 168 publications

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“…Peculiarities of the development of the EU property law at the present stage Today, the theory of property rights in science and law enforcement practice is considered through an interdisciplinary approach and analysis of its various aspects. For example, Rachael Walsh examines property rights through the prism of social justice and striking a balance between protecting property rights and promoting social justice [14]. In his turn, Jean-Philippe Robé, who studies property rights in the context of politics, analyzes the role of the property institution in the development of the state and democracy, justifying its special place in the formation of democratic institutions [15].…”

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European Union property law: review of the main provisions and peculiarities

Martsenko,

Melnychuk,

Remenyak

2023

Aktual. probl. pravozn.

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Union (EU) property law is a relatively new area of law that is developing rapidly in view of the challenges posed by time to the legislator and law enforcement practice. Today, EU property law lacks structure and a clear system, which indicates the absence of a clear policy underlying the construction of rules on property rights and other real rights. In fact, the European legislature has left the issue of property rights structure out of the proper level of attention. However, property law in the EU is also developing in the case law and legislation of the EU member states, as well as in academic circles and through private initiatives. Therefore, the vectors of development of EU property law are quite diverse and complex, often complicated by an interdisciplinary approach to understanding property and interpreting its content in law. For Ukraine, it is important to understand the peculiarities of EU property law in view of European integration processes and accelerated integration into the European trade area. In this regard, this topic is particularly relevant.The article analyzes the peculiarities of the EU law of property and the main trends which influence the directions of improvement of legal categories within the institute of property law.The author analyzes the peculiarities of legal regulation and interaction between property law and contract law, and on the basis of this study the author concludes that at present, EU property law is fragmented and lacks legal structure as compared to European contract law. The author substantiates that contract law and property law are two main branches of civil law, where contract law regulates the interaction of the parties to a contract, and property law concerns legal relations with respect to property. In practice, these branches closely interact with each other, primarily due to the fact that many contracts relate to the disposal of property.It is found that most European civil law legal orders adhere to the numerus clausus principle, but in some countries the principle of an open list of real rights (numerus apertus) is used.The author substantiates the view that the theory of property rights in science is considered through an interdisciplinary approach and analysis of its various aspects with due regard to globalization, digitalization and the environmental crisis. It is established that today the EU property law is being actively updated by improving its institutional structure and taking into account the peculiarities of ownership of various objects characterized by a specific approach to legal regulation The author argues that modernization of property rights at the EU level contributes to the convergence of property rights systems at the level of EU Member States and contributes to their improvement through, in particular, expanding the content of property ownership.

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confidence: 99%

European Union property law: review of the main provisions and peculiarities

Martsenko,

Melnychuk,

Remenyak

2023

Aktual. probl. pravozn.

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Progressive Property: A Spatially Just Approach to Property?

Byer

2023

Palgrave Socio-Legal Studies

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This chapter examines the progressive property school’s attempts to address property’s shortcomings, as it is one of the more recent critiques of the ownership model to have gained traction. The main characteristics of progressive property are described, and the contributions of prominent scholars are summarised in relation to virtue ethics, public trust and the common heritage of mankind. While noting that this school emerged in the specific cultural context of the US, and that its parameters are continuing to evolve, the chapter nevertheless outlines some conceptual limitations in progressive property thinking that have implications for developing a spatially just approach to property. The chapter concludes by reinforcing the importance of a legal geographical perspective when examining the law’s relationship with land.

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Fundamental Rights and the Legal Obligations of Business

Bilchitz

2021

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Corporations can significantly affect the fundamental rights of individuals. This book investigates what legal obligations they have to respect, protect and realise these rights. In doing so, it addresses important conceptual issues surrounding fundamental rights. From an investigation of existing legal models, a clear structural similarity surfaces in how courts make decisions about corporate obligations. The book seeks to systematise, justify and develop this emergent 'multi-factoral approach' through examining key factors for determining the substantive content of corporate obligations. The book defends the use of the proportionality test for ascertaining corporations' negative obligations and outlines a novel seven-step test for determining their positive obligations. The book finally proposes legal and institutional reforms - on both the national and international levels - designed to enhance the quality of decision-making surrounding corporate obligations, and embed fundamental rights within the corporate structure and the minds of key decision-makers.

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Property Rights and Social Justice

Cited by 24 publications

References 168 publications

European Union property law: review of the main provisions and peculiarities

European Union property law: review of the main provisions and peculiarities

Progressive Property: A Spatially Just Approach to Property?

Fundamental Rights and the Legal Obligations of Business

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