Skip to main content

Free UK delivery for orders £30

The Laws of Property

Theories about the Nature and Concept of Property

The Laws of Property cover

The Laws of Property

Theories about the Nature and Concept of Property

Quantity
Pre-order. Available 18 Feb 2027
£81.00 RRP £90.00 Website price saving £9.00 (10%)

Payment for this pre-order will be taken when the item becomes available

Description

This book discusses the 'theory of dematerialised property', a constructivist property theory that applies to tangible and intangible property alike.

It considers the way in which this theory regards 'property' as a creation of the law and considers the possible corporality of things as a conceptually unconnected incidence of the legal-normative conception of the property object. The concept of dematerialised property is a new theory, although in legal practice it seems to have been established intuitively and unconsciously for a long time. The foundation for the discussion of dematerialised property is a theoretical examination of definitions, terminologies and concepts of property, particularly ownership and possession, and restricted real rights, as well as a comparative law overview of concepts of ownership and the acquisition and transfer of property rights in the different common law and civil law property systems.

The theory of dematerialised property forms a good theoretical basis for explaining and defining forms of intangible property, like debts, money and shares, and modern forms of property, such as electronic money, non-fungible tokens or data. The book also features the ideas of property theorists in political philosophy, such as Locke and Hegel, and revisits specifically legal theories of property, such as by Hohfeld, but only to the extent to which all these theories are relevant to practical property law. It then deals with economic, sociological and psychological dimensions of property which are behind the mainly legal concept of property, aspects which are generally disregarded in traditional texts on property theory.

Table of Contents

1. Introduction
2. Existing Property Systems and Structures
3. The Legal Concept of Dematerialised Property
4. Tangible and Intangible Property
5. Classical and Modern Property Theories
6. Economic Dimensions of Property and Economic Modelling of Property
7. Sociological Dimensions of Property 1: Social Functions and Effects of Property
8. Sociological Dimensions of Property 2: Marriage and Family
9. Psychological Dimensions of Property
10. Conclusions

Product details

Published 18 Feb 2027
Format Hardback
Edition 1st
Pages 336
ISBN 9781509963614
Imprint Hart Publishing
Dimensions 234 x 156 mm
Publisher Bloomsbury Publishing

About the contributors

Author

Andreas Rahmatian

Andreas Rahmatian is Professor of Commercial Law a…

Related Titles

Environment: ACC-Hukd Staging