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Informationen zum Autor John Cartwright is Emeritus Professor of the Law of Contract at the University of Oxford, UK. Ángel M López y López is Emeritus Professor of Civil Law at the University of Seville.This book is the first comprehensive and systematic examination of the points of interest between contract and property law in English and Spanish law. Zusammenfassung This book explores a range of comparative issues in, and in the relationship between, property law and contract law in English and Spanish law. It also draws on other jurisdictions. The purpose is to give readers access to discussions of these areas of private law that are not easily accessible elsewhere. It goes further, however, than simply setting out similarities and differences: it provides an insightful analysis of key points of interest in the comparison of the legal systems discussed. Inhaltsverzeichnis 1. Introduction John Cartwright, University of Oxford, UK and Ángel M López y López, University of Seville, Spain I. General Scope and Purpose of the Book II. Institutions and Terminology of the Spanish Law of Property 2. Contract and the Transfer of Ownership in Spanish and Latin American Law: An Overview Ángel M López y López, University of Seville, Spain I. Limited Scope of the Discussion II. The Roman-Canon Law Tradition III. The Break from the Traditional Mechanism of Transfer Made by the French Civil Code IV. The System of ‘ Titulus et Modus ’ for the Transfer of Ownership in Spain, in Austria and widely in Latin America V. Features of the Modern Spanish System VI. Traditio of Movables and the Rule ‘Possession is Equivalent to Title’VII. Traditio of Immovables and Registration in the Public Register3. The Dual Role of the Escritura Pública in the Sale of Immovable Property Manuel Espejo Lerdo de Tejada, University of Seville, Spain I. Introduction II. Delivery as an Obligation of the Vendor and Delivery as Traditio III. Some Special Features of the Transfer of Ownership by Escritura Pública 4. A Non Domino Acquisitions and Protection of Third-Party Purchasers of Immovable Property in the Spanish Legal System Juan Pablo Murga Fernández, University of Seville, Spain I. Introduction II. The Principle and Requirements of Conclusive Title through Registration III. The Fundamental Effect of Conclusive Title: Curing the Transferor’s Lack of Power of Disposition and Establishing a True A Non Domino Acquisition 5. Contract and Conveyance: The Further Repercussions of Different Transfer Systems Birke Häcker, University of Oxford, UK I. Introduction, or: On the Importance of Understanding Rules in Context II. Outline of the Different Property Transfer RegimesIII. The Passing of Risk IV. The Nature of the Buyer’s Claim against the Seller V. Security Mechanisms and Protection against Insolvency VI. The Effects of Rescission of Contract VII. The Size and Structure of the Law of Unjust(ified) Enrichment VIII. The Rules on Bona Fide Purchase IX. Conclusion 6. The Creation and Transfer of Property Rights by Contract in English Law John Cartwright, University of Oxford, UK I. Introduction. Contract and Property: Independence and Interdependence II. Contracts to Transfer Rights in Land: The Creation of Property Rights in Equity III. Passing the (Legal) Property in Movables by Contract IV. Conclusions 7. The Transfer of Ownership of Goods in the Draft Common Frame of Reference Francisco Oliva Blázquez, University Pablo de Olavide, Seville, Spain I. Introduction II. The Proposal for Harmonising the Transfer of Ownership of Goods: The Work of the Study Group on a European Civil CodeIII. The Basic Structure of Article VIII–2:101 DCFR IV. Autonomy of Will and Transfer of Ownership V. The Prin...
