Property and Contract

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 Register 3. 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 Regimes III. 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 Code III. The Basic Structure of Article VIII–2:101 DCFR IV. Autonomy of Will and Transfer of Ownership V. The Principle of Delivery and the Greater Protection of the Interests of All the Parties Involved (Creditors) VI. Abstract Transfer versus Causal Transfer VII. Conclusion 8. The Assignment of Contract: Some Comparative Reflections on French and English Law Agnès Kwiatkowski, University of Lille, France I. Introduction. The Assignment of Contract: An Intriguing Recognition II. Opposing Visions of the Mechanism of Assignment III. A Mechanism Revealing the Proprietary Character of the Contract IV. Conclusion 9. Mistakes in Wills Simon Douglas, University of Oxford, UK I. Introduction II. Mistakes III. Remedies IV. Conclusion 10. Private Property and Forced Expropriation: Current Challenges in Spanish Law Encarnación Montoya Martín, University of Seville, Spain I. Introduction II. Private Property in the Spanish Constitution of 1978 III. Forced Expropriation IV. Weak Points or Aspects Most in Need of Reform in the LEF V. The United Kingdom before the European Court of Human Rights on the Basis of Expropriation