Restatement of the Law of Property

Bordwell, Percy

doi:10.2307/1333687

Cited by 1 publication

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“…Originally it was created to mitigate a harsh outcome of the application of common law, but some legal branches developed only in equity, such as the law of trust (Akkermans, 2017). That equity is inextricably bound up with property is found by a remark in 1 Warren (Introduction to Law Studies, 1863, p. 582): 'The student must bear in mind an important principle, that the Court of Chancery deals with property exclusively' (Bordwell, 1934, p. 2). This system of rules and legal principles that originate in these courts can be distinguished from a more broad concept of the law of unjust enrichment, that also is part of the notion of 'equity' (Smith, 2011).…”

Section: Equity In Common Law Systemsmentioning

confidence: 99%

Property, Property Rights, Natural Hazards and Beyond

Doorn-Hoekveld

Rijswick²

2022

Homeowners and the Resilient City

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Willemijn van Doorn-Hoekveld and Marleen van Rijswick IntroductionClimate change is happening and it will have severe effects on human wellbeing and prosperity. It is expected that climate-driven natural hazards will increase both in frequency and in magnitude in the near future (IPCC, 2021). These natural hazards will affect coastal, rural and urban areas. Besides effects on biodiversity and humans also property might be damaged or decrease in value. This requires disaster management, ranging from prevention to recovery. Protection of property and property rights are relevant nationwide at all scales and in all areas, although the discussion often focusses on property and property rights in urban areas.The question arises of how can best be reacted to the threat of increasing natural hazards and their effects on humans and their property. W. van Doorn-Hoekveld (B) • M. van Rijswick School of Law, Utrecht Centre for Water, Oceans and Sustainability Law,

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Section: Equity In Common Law Systemsmentioning

confidence: 99%