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Protection of Immovables in European Legal Systems

£93.00

Part of The Common Core of European Private Law

Peter Sparkes, Sonia Martín Santisteban, Frits Brandsma, Sandra Passinhas
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  • Date Published: September 2015
  • availability: Available
  • format: Hardback
  • isbn: 9781107121928

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About the Authors
  • How should a landowner respond when a squatter occupies their land? This book discusses the issues focussing on vindicatio, possessory remedies and trespass, but also explores administrative procedures for their removal. In many cases, these actions derive from Roman laws, which are expertly explored in an introductory chapter. Also included is a chapter exploring human rights interventions in such actions. Twelve case studies offer an extensive and comparative analysis across sixteen European jurisdictions. The basic defendants covered are squatters taking over a home, environmental protesters, licensees and former tenants. The case studies include, amongst others, self-help; restitution; competing claims to ownership (and the relevance of registration systems to claims to ownership); adverse possession; neighbours; nuisance and encroachment.

    • First comparative treatment of vindicatio, possessory remedies and trespass in English
    • Core methodology based on twelve factual situations, ideally suited to questions of eviction from land
    • Wide-ranging representation of the topic, with coverage of sixteen European jurisdictions
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    Product details

    • Date Published: September 2015
    • format: Hardback
    • isbn: 9781107121928
    • length: 536 pages
    • dimensions: 236 x 160 x 37 mm
    • weight: 0.92kg
    • availability: Available
  • Table of Contents

    Part I. Introduction and Content:
    1. A common core to the protection of immovable? Peter Sparkes and Sonia Martín Santisteban
    2. Actions in Roman and civil law for the protection of immovables Frits Brandsma
    3. Fundamental rights in actions to protect immovables Sandra Passinhas
    Part II. The Case Studies.

  • Editors

    Sonia Martin Santisteban, Universidad de Cantabria, Spain
    Sonia Martín Santisteban teaches Spanish civil law at the University of Cantabria and serves as a substitute judge at the Cantabria Courts of Appeals. She is member of the Court on Trusts and Fiduciary Relationships of the Republic of San Marino.

    Peter Sparkes, University of Southampton
    Peter Sparkes teaches land law and equity and trusts at Southampton Law School, where he has been Professor of Property Law since 2002.

    Contributors

    Peter Sparkes, Sonia Martín Santisteban, Frits Brandsma, Sandra Passinhas

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