Property and the Law of Finders

Author: Robin Hickey
Publisher: Bloomsbury Publishing
ISBN: 1847315550
Format: PDF, ePub
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Are finders keepers? This most simple of questions has long evaded a satisfactory legal answer. Generally it seems to have been accepted that a finder acquires a property right in the object of her find and can protect it from subsequent interference, but even this turns out to be the baldest statement of principle, resting on obscure and confused authority. This first full-length treatment of finders sets them in their legal-historical context, and discovers a fascinating area of law lying at the crossroads of crime, obligations, and property. That on the same facts a finder might be thief, bailee, and/or property right holder has clouded our conceptual analysis, and prevented us from stating simply our rules about finding. Nonetheless, when the applicable doctrines and policies of our property law (particularly the central concept of possession) are explored and understood in the light of countervailing rules of crime and tort, we can argue confidently that, despite centuries of doubt and confusion, English law has succeeded in producing a body of law that is theoretically and practically coherent. Property and the Law of Finders makes this argument, and will appeal to anyone specifically interested in the law of personal property, and also to those with broader concerns about the evolution of common law concepts and their ability to yield workable, practical solutions.

Property and the Law of Finders

Author: Robin Hickey
Publisher: Bloomsbury Publishing
ISBN: 1847317502
Format: PDF, ePub, Docs
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Are finders keepers? This most simple of questions has long evaded a satisfactory legal answer. Generally it seems to have been accepted that a finder acquires a property right in the object of her find and can protect it from subsequent interference, but even this turns out to be the baldest statement of principle, resting on obscure and confused authority. This first full-length treatment of finders sets them in their legal-historical context, and discovers a fascinating area of law lying at the crossroads of crime, obligations, and property. That on the same facts a finder might be thief, bailee, and/or property right holder has clouded our conceptual analysis, and prevented us from stating simply our rules about finding. Nonetheless, when the applicable doctrines and policies of our property law (particularly the central concept of possession) are explored and understood in the light of countervailing rules of crime and tort, we can argue confidently that, despite centuries of doubt and confusion, English law has succeeded in producing a body of law that is theoretically and practically coherent. Property and the Law of Finders makes this argument, and will appeal to anyone specifically interested in the law of personal property, and also to those with broader concerns about the evolution of common law concepts and their ability to yield workable, practical solutions.

Property and the Law of Finders

Author: Robin Hickey
Publisher: Hart Pub Limited
ISBN: 9781841135755
Format: PDF, Mobi
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This is the first book to explain the body of English law that surrounds the question "Are finders keepers?" This most simple of questions has long evaded a satisfactory legal answer. Generally, it seems to have been accepted that a finder acquires a property right in the object of his or her find and can protect it from subsequent interference, but even this turns out to be the baldest statement of principle, resting on obscure and confused authority. This full-length treatment of finders sets them in their legal-historical context, focusing on a fascinating area of law lying at the crossroads of crime, obligations, and property. That, on the same facts, a finder might be a thief, a bailee, and/or a property right holder has clouded conceptual analysis and prevented the simple stating of rules about finding. Nonetheless, when the applicable doctrines and policies of property law, particularly the central concept of possession, are explored and understood in the light of countervailing rules of crime and tort, it can be argued confidently that, despite centuries of doubt and confusion, English law has succeeded in producing a body of law that is theoretically and practically coherent. Property and the Law of Finders makes this argument. It is an important source of information for anyone interested in the law of personal property and also for those with broader concerns about the evolution of common law concepts.

Finders Keepers

Author: Terence Daintith
Publisher: Routledge
ISBN: 1136522832
Format: PDF
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Since the beginnings of the oil industry, production activity has been governed by the 'law of capture,' dictating that one owns the oil recovered from one's property even if it has migrated from under neighboring land. This 'finders keepers' principle has been excoriated by foreign critics as a 'law of the jungle' and identified by American commentators as the root cause of the enormous waste of oil and gas resulting from US production methods in the first half of the twentieth century. Yet while in almost every other country the law of capture is today of marginal significance, it continues in full vigour in the United States, with potentially wasteful results. In this richly documented account, Terence Daintith adopts a historical and comparative perspective to show how legal rules, technical knowledge (or the lack of it) and political ideas combined to shape attitudes and behavior in the business of oil production, leading to the original adoption of the law of capture, its consolidation in the United States, and its marginalization elsewhere.

Buried Treasure

Author: Cecil C. Kuhne, III
Publisher: Amer Bar Assn
ISBN: 9781627221351
Format: PDF, ePub
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A locksmith in the Philippines discovers the Yamashita Treasure, worth billions. A group salvages the S.S. Central America and it's 300,000 pounds of gold. A mechanic finds $18,000 in the wing of an old airplane. This book is a fascinating look at real-life situations where people have discovered treasure troves, and examines the legal ramifications of their finds. Although this delightful book may not contain the map that leads you to a buried treasure, it will help you determine the legal implications of your find.

Cultural Property in Cross Border Litigation

Author: Mara Wantuch-Thole
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110386607
Format: PDF, ePub
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This thesis comparatively investigates into the cross-border enforcement of claims to misappropriated cultural objects initiated by states. It identifies and categorises sovereign rights in cultural property, and discusses the legal mechanisms to successfully implement these rights in foreign courts. The results may be used by government officials, museum officials, lawyers, art historians, archaeologists, art dealers, academics.

Landmark Cases in Property Law

Author: Simon Douglas
Publisher: Bloomsbury Publishing
ISBN: 1509900268
Format: PDF, Kindle
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Landmark Cases in Property Law explores the development of basic principles of property law in leading cases. Each chapter considers a case on land, personal property or intangibles, discussing what that case contributes to the dominant themes of property jurisprudence Â? How are property rights acquired? What is the content of property rights? What are the limits or boundaries of property? How are property rights extinguished? Individually and collectively, the chapters identify a number of important themes for the doctrinal development of property institutions and their broader justification. These themes include: the obscure and incremental development of seemingly foundational principles, the role of instrumentalism in property reasoning, the influence of the law of tort on the scope of property doctrines, and the impact of Roman legal reasoning on the common law of property. One or more of these themes (and others) is revealed through careful case analysis in each chapter, and they are collected and critically explored in the editors' introductions. This makes for a coherent and provocative collection, and ensures that Landmark Cases in Property Law will be lively and essential reading for scholars, practitioners, and all those interested in the development of property principles at law.

Modern Studies in Property Law

Author: Heather Conway
Publisher: Bloomsbury Publishing
ISBN: 1782257551
Format: PDF, Mobi
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This book contains a collection of peer-reviewed papers presented at the Eleventh Biennial Modern Studies in Property Law Conference held at Queen's University Belfast in April 2016. It is the ninth volume to be published under the name of the Conference. The Conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects the diversity and contemporary relevance of modern research in property law. Following a foreword from the keynote speaker at the Conference, Queen's alumnus Lord Kerr of Tonaghmore, the chapters address a range of issues, from the nature of land law and property rights, through claims to the home and digital assets, to the growing debate on the nature of public property. Collectively the chapters demonstrate the vibrancy and importance of property law in dealing with modern concerns across the common law world.

Finders Keepers

Author: Craig Childs
Publisher: Little, Brown
ISBN: 9780316052498
Format: PDF, Docs
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To whom does the past belong? Is the archeologist who discovers a lost tomb a sort of hero--or a villain? If someone steals a relic from a museum and returns it to the ruin it came from, is she a thief? Written in his trademark lyrical style, Craig Childs's riveting new book is a ghost story--an intense, impassioned investigation into the nature of the past and the things we leave behind. We visit lonesome desert canyons and fancy Fifth Avenue art galleries, journey throughout the Americas, Asia, the past and the present. The result is a brilliant book about man and nature, remnants and memory, a dashing tale of crime and detection.