Stability and Change in Modern Property Law - A Comparative Approach to the Principle of Numerus Clausus

This book examines the English and German version of the numerus clausus principle which holds that there is a list of permitted property rights. It challenges recent views that the principle renders property law inflexible and unable to accommodate social and economic changes. Relying on a novel approach combining property theory and comparative research of English and German law, it argues that the restrictions the principle imposes on the creation of new property types actually does accommodate social changes through a process of ''functional transformations'' of the existing property rights. This is a fascinating, unique study, that makes a rigorous, original contribution to property law theory.

Product details

• Authors: Dr Ernesto Vargas (University of Cambridge Weil, Ernesto Vargas Weil
• Publisher: Hart Publishing
• Languages: English
• Product format: Hardback
• Release: 21.08.2025
• EAN: 9781509981922
• ISBN: 978-1-5099-8192-2
• No. of pages: 352
• Series: International Studies in the Theory of Private Law
• Subjects: Social sciences, law, business > Law > International law, foreign law; Germany, LAW / Property, Land & real estate law, Land and real estate law / Real property law, Personal property law, property law; private law; legal theory