Property | Contract
Worthington, S.
(2024).
Property | Contract.
In
Day, W. & Grower, J.
(Eds.),
Borderlines in Private Law
(pp. 195 – 214).
Oxford University Press.
https://doi.org/10.1093/9780191995200.003.0013
(2024).
Property | Contract.
In
Day, W. & Grower, J.
(Eds.),
Borderlines in Private Law
(pp. 195 – 214).
Oxford University Press.
https://doi.org/10.1093/9780191995200.003.0013
This chapter looks into (what appears to be) the lack of a substantive borderline between property and contract. All the characteristics typically associated with property are found to be equally associated with contracts. However, borderlines have served as valuable analytical tools accurately allocating territories while indicating a great deal about the consequences to follow. The chapter discusses how insolvency protection is delivered through property law, which remains the linchpin for its necessary differentiation from contract. However, property and contract should not be regarded as territories in opposition to one another while providing different and useful perspectives when examining various areas of law.
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subject - Accepted Version
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