Property and Contract: Comparative Reflections on English Law and Spanish Law

Preface
Contents
List of Contributors
List of Abbreviations
Note on Translations Used in this Volume
1. Introduction
	I. General Scope and Purpose of the Book
	II. Institutions and Terminology of the Spanish Law of Property
2. Contract and the Transfer of Ownershipin Spanish and Latin American Law: An Overview
	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
	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
	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
	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
	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
	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
	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
	I. Introduction
	II. Mistakes
	III. Remedies
	IV. Conclusion
10. Private Property and Forced Expropriation Current Challenges in Spanish Law
	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
Index