LEADER 07353nam 22007571 450 001 9910826142803321 005 20200514202323.0 010 $a1-4742-0060-5 010 $a1-281-35725-1 010 $a9786611357207 010 $a1-84731-395-7 024 7 $a10.5040/9781474200608 035 $a(CKB)1000000000411302 035 $a(EBL)342895 035 $a(OCoLC)476157054 035 $a(SSID)ssj0000150497 035 $a(PQKBManifestationID)11160679 035 $a(PQKBTitleCode)TC0000150497 035 $a(PQKBWorkID)10240462 035 $a(PQKB)11367596 035 $a(MiAaPQ)EBC1772424 035 $a(MiAaPQ)EBC342895 035 $a(Au-PeEL)EBL1772424 035 $a(CaPaEBR)ebr10276029 035 $a(CaONFJC)MIL135725 035 $a(OCoLC)646796719 035 $a(UkLoBP)bpp09257294 035 $a(Au-PeEL)EBL342895 035 $a(EXLCZ)991000000000411302 100 $a20140929d2007 uy 0 101 0 $aeng 135 $aur|n|---||||| 181 $ctxt 182 $cc 183 $acr 200 10$aEuropean land law /$fPeter Sparkes 205 $a1st ed. 210 1$aOxford ;$aPortland, Oregon :$cHart Publishing,$d2007. 215 $a1 online resource (633 p.) 300 $aDescription based upon print version of record. 311 $a1-84113-758-8 320 $aIncludes bibliographical references and index. 327 $aHalf title page; Title page; Title verso; Contents; Preface; Table of Cases - European; Table of Cases - United Kingdom; Table of Cases - Foreign; Table of Legislation - European; Table of Legislation - Foreign; Table of Reports; 1 Land as a European Commodity; Market Culture; Capital Club; Outside the Capital Club; Other Europes; Cross-border Transactions; Capital Freedom; Land as Capital; Land Transactions Nomenclaturised; Movement of Landowners; Factors Generating Movement of Buyers; Business Rights to Buy Land; Workers; Self-supporters; Market Elements; 2 Controls on European Buyers 327 $aRestrictions and ControlsMilitary Regions; Second Homes; Agricultural Land and Forests; Direct and Indirect Controls; Justification of Controls; Authorisation and Declaration Schemes; Swiss Controls; 3 Towards a European Land Law?; National and European Laws; Immovables; The Site; Selection of Land Law; Property of the European Institutions; Respect for Territoriality; Subsidiarity; Fundamental Rights in the EU; Specific Fundamentals; Convergence; A Substantive Miscellany; Value Added Tax; Single Farm Payment; Special Agricultural Regimes; Dairy; Towards What?; Europeanisation of Actions 327 $aEuropean Conflicts ClubProvisional Measures; Trespass Used to Assert Title; Public Registers; Tenancies, Holiday Lets and Timeshares; Personal Actions; 5 Marketing Land; Consumption of Land; Unfair Commercial Practices Affecting Land; Doorstep Selling of Land; Distance Rentals; Unfair Marketing Practices; Internet Advertising (e-Commerce); Information in an Invitation to Purchase; Information about Distance Contractors; Withdrawal Rights; Credit Cancellation; Remediation and Reform; 6 Timeshare; Regulation of Timeshare Marketing; Timeshares and Timeshare-likes; Information; Withdrawal Rights 327 $aTimeshare VehiclesUnregulated Aspects; Cross-border Timesharing; Reform; 7 Conveyancing; Conveyancers and Lawyers; Practice Rights and Qualification; Mechanics of Transfer; Registration; Laundering Activity; Confiscation Orders; Conveyancers as Launderers; Conveyancers as Cops; Customer Due Diligence; Reporting; Internet Advertising by Conveyancers; 8 Contracts; Advanced E-Signatures; Simple E-Signatures; Buying Land from Websites; Unfair Terms Legislation; Unfairness of Terms; European Contract Law; The Contract/Property Interface; 9 Mortgages and Debt; Mortgage Credit 327 $aEuropean Mortgage MarketsInformation Rights; Consumer Protection; Security; Mortgage Procedures; Primary and Secondary Lend; Secured Rights on Cross-border Insolvency; Main (Europe-wide) Insolvency; Secondary (Territorial) Insolvency; Judgment Debts in the Judgment State; Judgment Debts in the Enforcing State; 10 Contract Conflicts; Conflicts and Land Contracts; Property Core; Choice of Site-based Law; Site-based Selection; Non-site Contracts; Choice of Law and Forum; Anti-contractual Claims; Home Court Forum; 11 Family Property; Europeanisation of Family Law; Connection to the Family 327 $aFamily Law 330 $a"In his remarkable, path-breaking new book, Peter Sparkes takes stock of the development of a distinctive body of European land law, taking as his starting point the idea that methods of land-holding permitted by a legal system both shape and reflect the attitudes of the land owners and society in general. However it quickly becomes very difficult to test that idea when the society in question is governed by an internal market composed of 30 countries (the EU-27, including Bulgaria and Romania, and the EEA-3), whose property systems differ so markedly and which reflect such widely differing cultures. Yet the internal market has already effected a gradual equalisation and standardisation across Europe as foreign capital spreads to create equality of yield. "We all become better off by joining a larger trading block but the social consequences will be profound: Brits will need to emigrate to the continent to afford a home, Bulgarians will need to make way for them along the Black Sea coast, and title deeds will be reshuffled all over Europe on a giant Monopoly board" writes the author in his preface, before embarking on a dispassionate examination of the beginning of that process of profound change. The opening chapters are devoted to an explanation of how the internal market has created a substantive European land law. Chapter 3 examines the rise of a distinctive European land law, and the development of conflicts principles applying to recovery of land. Chapters 5 to 9 on the marketing and sale of land focus upon Community competence on consumer protection. The decision to treat land as a product like any other in the Unfair Commercial Practices Directive will have wide ranging and far reaching implications and, apart from marketing of land and of timeshares, other chapters deal with conveyancing, contracting and the emerging market in mortgage credit. The book concludes with a miscellany of conflicts rules which are gradually coalescing and form the elements from which a substantive European land law can be forged. A number of topics which it is not possible to cover in detail (VAT, other taxes, environmental controls and agriculture) are touched on briefly, and the same is true of international aspects of trusts and succession."--Bloomsbury Publishing. 606 $aReal property$zEuropean Union countries 606 $aVendors and purchasers$zEuropean Union countries 606 $aReal property$zGreat Britain 606 $aVendors and purchasers$zGreat Britain 615 0$aReal property 615 0$aVendors and purchasers 615 0$aReal property 615 0$aVendors and purchasers 676 $a346.24043 700 $aSparkes$b Peter$01656733 801 0$bUtOrBLW 801 1$bUtOrBLW 801 2$bUkLoBP 906 $aBOOK 912 $a9910826142803321 996 $aEuropean land law$94009804 997 $aUNINA