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    The Distinction of Land and Goods in English, French, German and EU Law: The Use of a 'Universal' Classification through the Example of Standing Timber and other Things agreed to be severed from Land
    Postmortal succession on the example of Polish law in a comparative perspective: Between inheritance law and nonprobate transfers
    Ebook series2 titles

    Schriften zum Internationalen Privatrecht und zur Rechtsvergleichung Series

    By Wojciech Bańczyk and Shaun Charlton

    ()

    About this series

    Most national law expositions leave a distinct impression of a naturalistic approach to the categorisation of property. The view advocated in this study is that the accession or severance of things to and from land as a 'natural scientific enquiry' based exclusively on blends of physical attachment to or socially-expressed intention in respect of land is misleading, or, at least, not decisive. National law accounts of the rules governing the distinction of land and goods need recalibrating to take account of the purpose, or the legal reasons, why land is being distinguished from goods. This is well illustrated by the example of standing timber, variously described doctrinally and in the national case-law as integral parts of land or (presently-existing or future) goods. Purpose of classification reveals the many nuances of competing policy considerations and, in turn, better reflects the law as it stands. The same principles may be applied to the case-law of the CJEU.
    LanguageEnglish
    PublisherV&R Unipress
    Release dateFeb 12, 2024
    The Distinction of Land and Goods in English, French, German and EU Law: The Use of a 'Universal' Classification through the Example of Standing Timber and other Things agreed to be severed from Land
    Postmortal succession on the example of Polish law in a comparative perspective: Between inheritance law and nonprobate transfers

    Titles in the series (2)

    • 56

      Postmortal succession on the example of Polish law in a comparative perspective: Between inheritance law and nonprobate transfers
      Postmortal succession on the example of Polish law in a comparative perspective: Between inheritance law and nonprobate transfers

      Postmortal succession on the example of Polish law in a comparative perspective: Between inheritance law and nonprobate transfers

      Wojciech Bańczyk
      0 ratings
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      This book presents numerous instruments which create postmortal succession on the example of Polish law. Alongside the solution in inheritance law, one may apply specific inheritance (e.g. of agricultural farms) that benefits only such heirs who meet additional requirements, as well as undertake legal acts that allow to decide on heritability (or non-heritability) character of rights and duties (e.g. within the contract of mandate or company contracts). There are also numerous legislative instruments that allow for succession otherwise than by inheritance so that particular persons (and not heirs) benefit after the decedent. Such instruments include regulations of civil law but also e.g. banking law, social insurance law which are often comparable with nonprobate instruments (or willsubstitutes) under American law or German Sonderrechtsnachfolge.

      This book presents numerous instruments which create postmortal succession on the example of Polish law. Alongside the solution in inheritance law, one may apply specific inheritance (e.g. of agricultural farms) that benefits only such heirs who meet additional requirements, as well as undertake legal acts that allow to decide on heritability (or non-heritability) character of rights and duties (e.g. within the contract of mandate or company contracts). There are also numerous legislative instruments that allow for succession otherwise than by inheritance so that particular persons (and not heirs) benefit after the decedent. Such instruments include regulations of civil law but also e.g. banking law, social insurance law which are often comparable with nonprobate instruments (or willsubstitutes) under American law or German Sonderrechtsnachfolge.

    • The Distinction of Land and Goods in English, French, German and EU Law: The Use of a 'Universal' Classification through the Example of Standing Timber and other Things agreed to be severed from Land
      The Distinction of Land and Goods in English, French, German and EU Law: The Use of a 'Universal' Classification through the Example of Standing Timber and other Things agreed to be severed from Land

      The Distinction of Land and Goods in English, French, German and EU Law: The Use of a 'Universal' Classification through the Example of Standing Timber and other Things agreed to be severed from Land

      Shaun Charlton
      0 ratings
      0 ratings

      Most national law expositions leave a distinct impression of a naturalistic approach to the categorisation of property. The view advocated in this study is that the accession or severance of things to and from land as a 'natural scientific enquiry' based exclusively on blends of physical attachment to or socially-expressed intention in respect of land is misleading, or, at least, not decisive. National law accounts of the rules governing the distinction of land and goods need recalibrating to take account of the purpose, or the legal reasons, why land is being distinguished from goods. This is well illustrated by the example of standing timber, variously described doctrinally and in the national case-law as integral parts of land or (presently-existing or future) goods. Purpose of classification reveals the many nuances of competing policy considerations and, in turn, better reflects the law as it stands. The same principles may be applied to the case-law of the CJEU.

      Most national law expositions leave a distinct impression of a naturalistic approach to the categorisation of property. The view advocated in this study is that the accession or severance of things to and from land as a 'natural scientific enquiry' based exclusively on blends of physical attachment to or socially-expressed intention in respect of land is misleading, or, at least, not decisive. National law accounts of the rules governing the distinction of land and goods need recalibrating to take account of the purpose, or the legal reasons, why land is being distinguished from goods. This is well illustrated by the example of standing timber, variously described doctrinally and in the national case-law as integral parts of land or (presently-existing or future) goods. Purpose of classification reveals the many nuances of competing policy considerations and, in turn, better reflects the law as it stands. The same principles may be applied to the case-law of the CJEU.

    Author

    Wojciech Bańczyk

    Wojciech Bańczyk, Ph.D. in law, is assistant at the Chair of Civil Law of the Jagiellonian University (UJ) in Kraków, director of the American Law Program of the Catholic University of America (Washington D.C.) and UJ and attorney at law.

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