Property Law
Property law defines the rights and obligations associated with the ownership, use, and transfer of real and personal property. It covers estates in land, future interests, landlord-tenant law, easements, covenants, and personal property. This category examines property law doctrines across common law and civil law systems, including the regulatory framework of zoning and eminent domain.
Chinese Mortgage and Security Law
Chinese security law is governed by Book II (Property) of the Civil Code, which dedicates Articles 386-462 to security interests in property (danbao wuquan, 担保物权). The Civil Code’s security …
Chinese Property Law
The Real Rights Law and the Civil Code Chinese property law is codified in the Real Rights Law (Wuquan Fa), adopted on 16 March 2007 after a thirteen-year drafting process involving seven separate …
Chinese Property Law — Real Rights and Land Use Rights
Chinese property law underwent a landmark transformation with the adoption of the Property Law (Wuquan Fa) in 2007, which for the first time codified a comprehensive system of real rights in the …
Chinese Real Property Transactions
Real Property Registration System Real property transactions in China are governed by the Real Property Registration System (Budongchan Dengji Zhidu, 不动产登记制度), established by the Interim Regulations …
Commercial Leases in English Law
Introduction Commercial leases govern the occupation of business premises and are a significant area of property law practice in England and Wales. The legal framework for commercial leases is shaped …
English Property Law
The Distinction Between Real and Personal Property English property law maintains the fundamental common law distinction between real property (realty) and personal property (personalty). Real …
EU Property Law
The Protection of Property Rights in the EU Legal Order The European Union does not possess a general legislative competence to harmonise national property law; property rights remain primarily within …
EU Property Law — Cross-Border Property Rights and Private International Law
The European Union does not possess a substantive ius in rem comparable to the national property laws of its Member States. Property law remains within the competence of the Member States under the …
French Co-Ownership: Loi du 10 Juillet 1965, Syndic, and Building Expenses
French co-ownership law governs the legal relationships between the owners of lots within a building that is divided into separate units. The field is governed by the Loi du 10 juillet 1965 fixant le …
French Easements (Servitudes)
Servitudes in French Law Servitudes (servitudes) are real rights burdening one piece of land (fonds servant) for the benefit of another piece of land (fonds dominant). Governed by Articles 637 to 710 …
French Property Law — Publicity of Real Rights and Hypothec
French property law (droit des biens) is codified in Book II of the Code civil (Articles 516–710) and has been shaped by the revolutionary abolition of feudalism, the Napoleonic consolidation, and …
French Property Law (Droit des Biens)
The Concept of Property Under the Civil Code French property law — droit des biens — is founded on Article 544 of the Civil Code (Code civil), which defines ownership (propriété) as the right to enjoy …
French Suretyship and Guarantees (Cautionnement)
French Suretyship and Personal Guarantees French law recognises several forms of personal security (sûretés personnelles), through which a person (the surety or guarantor) undertakes to satisfy the …
German Movable Property Law
Book 3 of the BGB and the Principles of Movable Property Law Book 3 of the Bürgerliches Gesetzbuch (BGB, §§ 854–1296) governs property law (Sachenrecht) and divides property into immovables (land and …
German Property Law — Land Registration and BGB Principles
German real property law (Liegenschaftsrecht or Immobiliarsachenrecht) is governed primarily by Book 3 of the Bürgerliches Gesetzbuch (BGB), §§ 873–902, supplemented by the Grundbuchordnung (GBO, Land …
German Property Law (Sachenrecht)
Foundational Principles of German Property Law German property law — Sachenrecht — is codified in Book 3 of the Bürgerliches Gesetzbuch (BGB), §§ 854-1296, and is structured around four foundational …
Land Reform in South Africa
Introduction Land reform is one of the most pressing and complex legal issues in South Africa. The Constitution, through section 25, establishes a comprehensive framework for land reform while …
Land Registration in England and Wales
Introduction Land registration is a system for recording the ownership and interests in land. The current system in England and Wales is governed by the Land Registration Act 2002 (LRA 2002), which …
Land Rights and Registration in Nigeria
Introduction Land rights in Nigeria are governed by a complex framework of statutory law (principally the Land Use Act 1978), customary law, and constitutional provisions. The registration of land …
Landlord-Tenant Law
Introduction Landlord-tenant law governs the relationship between owners of real property (landlords) and those who occupy the property under a rental agreement (tenants). The law has evolved …
Personal Property and Secured Transactions in Australia
Introduction Personal property law in Australia underwent a fundamental transformation with the commencement of the Personal Property Securities Act 2009 (Cth) (PPSA) on 30 January 2012. The PPSA …
Personal Property and Secured Transactions in Canada
Personal Property in Canadian Law Canadian law divides property into real property (land and interests in land) and personal property. Personal property, in turn, comprises tangible personal property …
Personal Property and Secured Transactions in Japan
Overview The law of personal property and secured transactions in Japan is structured around the Civil Code’s system of real rights (bukken) and security interests, supplemented by a series of …
Personal Property Law in Australia
Introduction Personal property law in Australia governs the ownership and transfer of movable property. Personal property includes tangible goods (chattels) and intangible property (choses in action). …
Personal Property Law in Brazil
Introduction Personal property law in Brazil governs the ownership and transfer of movable property. Personal property includes tangible goods (chattels) and intangible property (choses in action). …
Personal Property Law in Canada
Introduction Personal property law in Canada governs the ownership and transfer of movable property. Personal property includes tangible goods (chattels) and intangible property (choses in action). …
Personal Property Law in Japan
Introduction Personal property law in Japan governs the ownership and transfer of movable property. Personal property includes tangible goods (chattels) and intangible property (choses in action). …
Personal Property Law in Mexico
Introduction Personal property law in Mexico governs the ownership and transfer of movable property. Personal property includes tangible goods (chattels) and intangible property (choses in action). …
Personal Property Law in Nigeria
Introduction Personal property law in Nigeria governs the ownership and transfer of movable property. Personal property includes tangible goods (chattels) and intangible property (choses in action). …
Personal Property Law in South Africa
Introduction Personal property law in South Africa governs the ownership and transfer of movable property. Personal property includes tangible goods (chattels) and intangible property (choses in …
Personal Property Law in South Korea
Introduction Personal property law in South Korea governs the ownership and transfer of movable property. Personal property includes tangible goods (chattels) and intangible property (choses in …
Property Law in Australia
Introduction Australian property law is a complex tapestry of common law, equity, and statute, distinguished by two defining features: the Torrens Title System of land registration and the recognition …
Property Law in Brazil
Introduction Property law in Brazil (Direito das Coisas or Direito Real) governs the legal relationships between persons and things, including possession, ownership, and real rights in property. The …
Property Law in Canada
Introduction to Canadian Property Law Canadian property law governs the acquisition, enjoyment, and disposition of rights in property. The Canadian law of property derives from the English common law …
Property Law in Japan
Overview Japanese property law is governed principally by Book II of the Civil Code (Minpo), entitled Real Rights (Bukken), comprising Articles 175 through 398. The law of real property in Japan …
Property Law in Mexico
Introduction Mexican property law is characterized by a distinctive constitutional framework that establishes the nation’s original ownership of land and natural resources while recognizing …
Property Law in Nigeria
Introduction Property law in Nigeria is characterized by the coexistence of statutory land law (principally the Land Use Act 1978), customary land tenure systems, and English property law principles. …
Property Law in South Africa
Introduction South African property law governs the relationship between persons and things, regulating the acquisition, enjoyment, and protection of rights in property. The field is rooted in …
Property Law in South Korea
Introduction South Korean property law is codified in Part II (Real Rights, Articles 185–372) of the Civil Code (민법). The law adopts the numerus clausus principle — only the real rights specified in …
Real Estate Law in Brazil
Introduction Real estate law in Brazil (Direito Imobiliário) governs the acquisition, ownership, registration, financing, and development of real property. As an integral part of property law, real …
Real Estate Regulation in Mexico
Introduction Real estate regulation in Mexico involves a complex framework of constitutional restrictions, statutory requirements, and registration systems. Key features include the restricted zone …
Real Estate Regulation in South Korea
Introduction Real estate regulation in South Korea encompasses a comprehensive legal framework governing land and building registration, lease protection, housing redevelopment, and government housing …
Real Estate Transactions
Introduction Real estate transactions are the legal processes by which interests in real property are transferred from one party to another. A typical real estate transaction involves a purchase …
Real Property Law in Australia
Introduction Real property law in Australia governs the ownership, use, and transfer of land and buildings. The legal framework addresses estates in land, registration, and conveyancing. Estates in …
Real Property Law in Brazil
Introduction Real property law in Brazil governs the ownership, use, and transfer of land and buildings. The legal framework addresses estates in land, registration, and conveyancing. Estates in Land …
Real Property Law in Canada
Introduction Real property law in Canada governs the ownership, use, and transfer of land and buildings. The legal framework addresses estates in land, registration, and conveyancing. Estates in Land …
Real Property Law in Japan
Introduction Real property law in Japan governs the ownership, use, and transfer of land and buildings. The legal framework addresses estates in land, registration, and conveyancing. Estates in Land …
Real Property Law in Mexico
Introduction Real property law in Mexico governs the ownership, use, and transfer of land and buildings. The legal framework addresses estates in land, registration, and conveyancing. Estates in Land …
Real Property Law in Nigeria
Introduction Real property law in Nigeria governs the ownership, use, and transfer of land and buildings. The legal framework addresses estates in land, registration, and conveyancing. Estates in Land …
Real Property Law in South Africa
Introduction Real property law in South Africa governs the ownership, use, and transfer of land and buildings. The legal framework addresses estates in land, registration, and conveyancing. Estates in …
Real Property Law in South Korea
Introduction Real property law in South Korea governs the ownership, use, and transfer of land and buildings. The legal framework addresses estates in land, registration, and conveyancing. Estates in …
Residential Landlord and Tenant Law in England
Introduction Residential landlord and tenant law in England governs the rights and obligations of landlords and tenants in the private rented sector. The law is a complex mixture of statute and common …
Rome I Regulation (593/2008)
The Rome I Regulation (Regulation (EC) 593/2008) determines the law applicable to contractual obligations in civil and commercial matters involving a conflict of laws. It replaced the Rome Convention …
Rome II Regulation (864/2007)
The Rome II Regulation (Regulation (EC) 864/2007) determines the law applicable to non-contractual obligations in civil and commercial matters. Adopted after a protracted legislative process marked by …
Russian Property Law — Land Ownership and Reform
Russian property law has been fundamentally reshaped since the dissolution of the Soviet Union in 1991, transitioning from a system of exclusive state ownership to one that recognises private …
Russian Property Law (Pravo Sobstvennosti)
The Concept of Property Under the Civil Code Russian property law — pravo sobstvennosti — is codified in Book II of the Civil Code of the Russian Federation (GK RF), Articles 209-306, governing the …
Russian Shared Property Law
Legal Framework Russian law governing shared property (obshchaya sobstvennost) is codified in Chapter 16 (Articles 244–259) of the Civil Code of the Russian Federation. The concept of shared property …
Succession Regulation (650/2012)
The Succession Regulation (Regulation (EU) 650/2012) establishes a unified framework for determining jurisdiction, applicable law, recognition, and enforcement of decisions in matters of cross-border …
UK Land Law — Registered Land and Trusts of Land
English land law has undergone a fundamental transformation from a system based on documentary title deeds and the doctrine of notice to a comprehensive system of title registration under the Land …
US Property Law
Real and Personal Property US property law draws on the English common law tradition, distinguishing fundamentally between real property (land and interests in land) and personal property (all other …
US Real Property Law — Estates in Land and Future Interests
US real property law, rooted in the English common law tradition, governs the acquisition, use, and transfer of interests in land. The system is characterised by its distinctive taxonomy of estates in …
Zoning and Land Use
Introduction Zoning and land use law governs how property may be used and developed. The law is primarily local, with municipalities exercising their police power to regulate land use for the public …