PP959
Analítico de Periódico
FARRAN, Sue, e outro
Exploring the interfaces between contract law and property law : a UK comparative approach / Sue Farran, David Cabrelli
Maastricht Journal of European and Comparative Law, Maastricht, v.13 n.4 (2006), p.403-443
DIREITO COMUNITÁRIO, DIREITO DOS CONTRATOS, DIREITO DE PROPRIEDADE, DIREITOS REAIS
Contract and property law provide two examples of distinct legal approaches: pragmatism and coherency. The different natures and roles of contact law and property law also reflect the distinct qualities of the rights characteristic of both these branches of the law, namely rights in personam and rights in rem. The deviations between the approaches of contract law and property law can be seen most clearly in those transactions which rest upon the interface of property law and contract law. Two transactions lying at this interface are the sale and purchase of property; and the creation and constitution of rights in security over property. In this paper, the nature of these two transactions will be analysed through the looking-glass of two legal systems which are cited as providing examples of the two extreme approaches of programatism and coherency and the comparative differences between them. These are the English law and Scots law systems....