The protection of immovables in European legal systems /

"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 ex...

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Bibliographic Details
Other Authors: Martín Santisteban, Sonia (Editor), Sparkes, Peter (Editor)
Format: eBook
Language:English
Published: Cambridge, United Kingdom : Cambridge University Press, 2015.
Series:Common core of European private law.
Subjects:
Online Access:CONNECT
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Table of 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