Jan Jakob Bornheim analyses the hypothesis about the inherent efficiency of common law compared to civil law. He examines key commercial property law concepts (i.e., ownership and security interests in relation to movables) and determines the characteristics of each system with regard to these. Using the Canadian experience as a model, he then takes a close look at how the two legal systems interact, arguing that efficient interaction can take place on both vertical and horizontal planes. On the vertical plane, property law would be able to interact with higher-level law (e.g., federal law in a federal state); on the horizontal plane, property laws of different jurisdictions could interact through the conflict of laws. The author also contends that equitable property rights, including constructive trusts as a response to unjust enrichment, should be governed by property law choice-of-law rules.
Author(s): Jan Jakob Bornheim
Series: Studien zum ausländischen und internationalen Privatrecht; 451
Publisher: Mohr Siebeck
Year: 2020
Language: English
Pages: 591
Dedication
Preface
Overview
Table of Contents
Table of Abbreviations
Introduction
Part I: The Analytical Framework of Bijuralism
§ 1 The History of Civil Law in Québec
§ 2 Bijuralism and Mixed Legal Systems
§ 3 Law and Economics
Part II: Property
§ 4 Property in Civil Law
§ 5 Property at Common Law
§ 6 Equitable Property Rights
§ 7 The Civil Law Trust
§ 8 Theory of Property Rights
§ 9 Property Unjustly Gained
§ 10 Proprietary Restitution
Part III: Secured Transactions
§ 11 The Law and Economics of Secured Transactions
§ 12 Security Interests in Common Law
§ 13 PPSA Security Interests and Property Law
§ 14 Security Interests in Civil Law
Part IV: Vertical Co-ordination
§ 15 Federal and Provincial Notions of Property and Security
§ 16 Property Rights in Insolvency
Part V: Horizontal Co-ordination
§ 17 International Property Law
§ 18 International Secured Transaction Law
§ 19 International Proprietary Restitution Law
Conclusion
Bibliography
Table of Cases
Index
