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Title The protection of immovables in European legal systems / edited by Sonia Martín Santisteban and Peter Sparkes.

Publication Info. Cambridge, United Kingdom : Cambridge University Press, 2015.

Item Status

Description 1 online resource (xxxv, 497 pages).
Physical Medium polychrome
Description text file
Series The common core of European private law
Common core of European private law.
Summary "How should a landowner respond when a squatter occupies their land? This book discusses the issues focusing on vindication, possessory remedies and trespass, but also explores administrative procedures for their removal. In many cases, these actions derive from Roman law, 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"-- Provided by publisher
Bibliography Includes bibliographical references and index.
Contents Cover; Half title; Series; Title; Copyright; Contents; Contributors; Foreword; General Editors' preface; Preface; Table of legislation; Abbreviations; Part I Introduction and content; 1 A common core to the protection of immovables?; 2 Actions in Roman and civil law for the protection of immovables; Introduction; Vindication of immovables; Possessory interdicts; Actio negatoria; Protection of immovables in the ius commune; Conclusion; 3 Fundamental rights in actions to protect immovables; Claims based on property entitlement; Claims based on human rights entitlement
Trial rights of defendantsRepossession of a home; Failure to allow repossession; Failure of enforcement against private parties; Conclusion; Part II The case studies; Case 1 Owner sues forcible intruder; Bulgaria; Czech Republic; England; Finland; France; Germany; Greece; Italy; The Netherlands; Poland; Scotland; Serbia; Spain; Sweden; Comparative remarks on Case 1: owner sues forcible intruder; Case 2 Owner/contractor sues unknown protestors; Bulgaria; Czech Republic; England; Finland; France; Germany; Greece; Italy; The Netherlands; Poland; Scotland; Serbia; Spain; Sweden
Comparative remarks on Case 2: owner/contractor sues unknown protestorsCase 3 Owner sues licensee; Bulgaria; Czech Republic; England; Finland; France; Germany; Greece; Italy; The Netherlands; Poland; Scotland; Serbia; Spain; Sweden; Comparative remarks on Case 3: owner sues licensee; Case 4 Owner sues former tenant; Bulgaria; Czech Republic; England; Finland; France; Germany; Greece; Italy; The Netherlands; Poland; Scotland; Serbia; Spain; Sweden; Comparative remarks on Case 4: owner sues former tenant; Case 5 Self-help; Bulgaria; Czech Republic; England; Finland; France; Germany; Greece
ItalyThe Netherlands; Poland; Scotland; Serbia; Spain; Sweden; Comparative remarks on Case 5: Self-help; Case 6 Restitution; Civilian states; Common law states (England); Case 7 Rival ownerships; Bulgaria; Czech Republic; England; Finland; France; Germany; Greece; Italy; The Netherlands; Poland; Scotland; Serbia; Spain; Sweden; Comparative remarks on Case 7: Rival ownerships; Case 8 Owner sues adverse possessor; Bulgaria; Czech Republic; England; Finland; France; Germany; Greece; Italy; The Netherlands; Poland; Scotland; Serbia; Spain; Sweden; Comparative remarks on Case 8: adverse possessor
A note on the position of a former possessorCase 9 Construction on someone else's property; Bulgaria; Czech Republic; England; Finland; France; Germany; Greece; Italy; The Netherlands; Poland; Scotland; Serbia; Spain; Sweden; Comparative remarks on Case 9: construction on someone else's property; Case 10 Controversy over the property boundaries; Bulgaria; Czech Republic; England; Finland; France; Germany; Greece; Italy; The Netherlands; Poland; Scotland; Serbia; Spain; Sweden; Comparative remarks on Case 10: controversy over the property boundaries; Case 11 Construction close to a boundary
Local Note eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America
Subject Real property -- Europe -- Cases.
Real property.
Europe.
Genre/Form Electronic books.
Electronic books.
Trials, litigation, etc.
Added Author Martín Santisteban, Sonia, editor.
Sparkes, Peter, editor.
Other Form: Print version: Protection of immovables in European legal systems 9781107121928 (DLC) 2015012532 (OCoLC)907060645
ISBN 9781316385180 (electronic book)
1316385183 (electronic book)
9781316439678
1316439674
9781316438251
1316438252
1316436128
9781316436127
1316436837
9781316436837
9781107121928
1107121922