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The challenge of identifying private property under English Law

The challenge of identifying private property under English Law

Brown, James and Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2022) The challenge of identifying private property under English Law. Conveyancer and Property Lawyer (3). pp. 305-316. ISSN 0010-8200 (Online)

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Abstract

The article discusses the concept of private property and the characteristics applied to assess whether rights and interests amount to private property, including the requirement of excludability. Considers the traditional categories of private property, the dynamic nature of property, the role of trusts of choses in action, emerging forms of property and the notion of quasi-property rights. The overall conclusion is that English law needs a clear and robust framework from which it can recognise private property in both its traditional and emerging forms. The writers seek to provide that framework arguing that certain key elements are crucial to the notion of private property. In the absence of these elements, however, the right or interest may still be characterised as a form of quasi-property assuming the element of exclusivity is present.

Item Type: Article
Uncontrolled Keywords: private property; excludability; trusts; choses in action; cryptocurrencies; business opportunity; business reputation; confidential information; body parts and human samples; regulatory licences and quotas; quasi property rights
Subjects: K Law > K Law (General)
K Law > KD England and Wales
Faculty / School / Research Centre / Research Group: Faculty of Liberal Arts & Sciences
Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Last Modified: 13 Sep 2022 16:11
URI: http://gala.gre.ac.uk/id/eprint/37474

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