Download Boundaries Of Personal Property Law: Shares And Sub-Shares by Arianna Pretto-Sakmann PDF

By Arianna Pretto-Sakmann

Obstacles of private estate legislations has an inward and an outward standpoint, with the highbrow emphasis at the latter. The inward-looking inquiry considers stocks as an merchandise of non-public estate. these days those that think about themselves as shareholders usually stand one step faraway from the percentage itself. They carry what this e-book christens a sub-share. This a part of the booklet asks in what feel stocks and sub-shares will be conceived to be issues, how these issues are alienated, and the way they're secure in litigation. The outward-looking inquiry then asks even if own estate will be meditated as a sub-category of the legislation of items and, extra really, because the legislation of all issues locatable in house, alienable, or vindicable in court docket.

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B) Pretto-Sakmann Ch1 24/6/05 09:06 Page 13 Introduction 13 D GENERAL NATURE OF CONCLUSIONS The two aspects of this book have been introduced as ‘inward-looking’ and ‘outward-looking’. The former looks into shares and sub-shares as such. The latter searches for proprietary boundaries. Shares are indisputably stores of wealth and, in as much as the notion of wealth overlaps with that of property, boundary lines need to be drawn to relate and separate those two, easily confounded, concepts. The practical importance of the inward perspective enhances the prominence of the outward aspect of the work, where the intellectual emphasis lies.

That question goes to the heart of the instability of ‘property’, for the word swings back and forth even in juristic contexts between a colloquial and a technical sense. Moreover, the technical sense is itself unstable, for lawyers, though not unaware of the contrast, have not yet settled the narrower sense or senses in which ‘property’ shall be used. B STRUCTURE This book has five parts. Part I is introductory. Chapter 1 explains the raison d’être of this book. Chapter 2 will attend to the present state of the law of personal property and establish how its boundaries are currently perceived.

This outwardlooking aspect has been neglected in the literature. In English law the indifference towards the boundaries of personal property is but one aspect of the precarious condition of the subject. This will be the subject of Chapter 2. At European level, however, things are hardly better. The European Union’s otherwise pervasive legislative initiatives ignore property, whether real or personal. Property has long suffered from an ‘exceptionalism’ which has drawn its raison d’être from the inexplicable promise by the Community of non-interference 31 D Lgs 17 gennaio 2003 nos 5 and 6 (made under L delega 3 ottobre 2001 no 366) in force since 1 January 2004.

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