Boundaries of personal property law shares and sub-shares Arianna Pretto-Sakman.

Format:

Book

Author/Creator:

Pretto-Sakmann, Arianna, author.

Language:

English

Subjects (All):

Personal property--England.

Personal property.

Personal property--Wales.

Physical Description:

1 online resource (273 p.)

Edition:

1st ed.

Place of Publication:

Oxford Portland, Oregon Hart Publishing 2005.

Language Note:

English

Summary:

This study of the boundaries of personal property has an inward and an outward perspective, with the intellectual emphasis on the latter. The inward-looking inquiry considers shares as items of personal property. Nowadays those who think of themselves as shareholders often stand one step removed from the share itself. They hold what this book christens a sub-share. This part of the book asks in what sense shares and sub-shares can be conceived to be things, how those things are alienated, and how they are protected in litigation. The outward-looking inquiry then asks whether personal property can be contemplated as a sub-category of the law of things and, more particularly, as the law of all things locatable in space, alienable, or vindicable in court. The outward inquiry considers three boundaries. Within the law of property the line between realty and personalty proves relatively uncontroversial; the second boundary lies between property and obligations; the third between wealth and non-wealth. The second boundary is the main concern. Respect for it necessitates a differentiation between the law of property in the strict sense and the all-encompassing law of wealth, even where the consequence might be to exclude shares and sub-shares from the law of property. In maintaining the value of careful proprietary taxonomy and in reviving the underlying concepts on which it depends, this book opposes modern scepticism as to the possibility and desirability of precision in legal classification. In these commitments it could fairly be styled a post-modern study of personal property. Winner of the SLS Birks Prize for Outstanding Legal Scholarship 2006 - Second Prize

Contents:

PART I PROSPECT

1 Introduction

2 The Condition of Personal Property

3 Terminology

PART II LOCANDA

4 Shares as Things

5 The First External Boundary: Property as Rights In Rem

PART III ALIENANDA

6 Traditional Modes of Alienation

7 New Modes of Alienation

8 The Second External Boundary: Property as Alienability

PART IV VINDICANDA

9 Protection of Entitlement to Shares and Sub-shares

10 The Third External Boundary: Property as Vindicability

PART V RETROSPECT

11 Conclusion

Notes:

Description based upon print version of record.

Includes bibliographical references (pages [221]-235) and index

ISBN:

9786610814053

9781472559746

1472559746

9781280814051

1280814055

9781847311023

1847311024

OCLC:

476004642