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

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Dr Ernesto Vargas Weil (University of Cambridge, UK)

Stability and Change in Modern Property Law

A Comparative Approach to the Principle of Numerus Clausus

Dr Ernesto Vargas Weil (University of Cambridge, UK)

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English

Hart Publishing
04 September 2025

Land & real estate law; Personal property law

Series: International Studies in the Theory of Private Law

This book examines the English and German version of the numerus clausus principle which holds that there is a closed 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 transformation’ of the existing property rights.

This is a fascinating, unique study, that makes a rigorous, original contribution to property law theory.

By: Dr Ernesto Vargas Weil (University of Cambridge UK)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
ISBN: 9781509981922
ISBN 10: 1509981926
Series: International Studies in the Theory of Private Law
Pages: 352
Publication Date: 04 September 2025
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

List of Abbreviations List of Figures List of Tables Table of Cases Table of Statutes Table of Statuary Instruments Introduction: The Spell of Property 1. Legal Change in Property Law 2. The Concept of a Property Right 3. The Numerus Clausus Principle 4. The Governance of Property Rights 5. Function and Justification of the Numerus Clausus 6. Numerus Clausus and Trespassory Liability 7. Numerus Clausus and Successor Liability 8. Form and Substance of the Numerus Clausus 9. The Future of the Numerus Clausus Bibliography Index

Ernesto Vargas Weil is Spencer-Fairest Teaching Fellow in Law (College Assistant Professor) at Selwyn College, and Affiliated Lecturer at the Faculty of Law, University of Cambridge, UK.