株式会社極東書店トップ商品一覧The Constitutional Protection and Regulation of Property and Its Influence on the Reform of Private Law and Landownership in South Africa and Germany : A Comparative Analysis.

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The Constitutional Protection and Regulation of Property and Its Influence on the Reform of Private Law and Landownership in South Africa and Germany

The Constitutional Protection and Regulation of Property and Its Influence on the Reform of Private Law and Landownership in South Africa and Germany : A Comparative Analysis.

・ISBN 978-3-540-43006-3 hard

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著者・編者Mostert, Hanri,
シリーズBeiträge zum ausländischen öffentlichen Recht und Völkerrecht
出版社(Springer, GW)
出版年月2002
ページ数xxv, 643 pp.
言語ENG
ニュース番号<497-766>

解説

The degree to which the traditional concept of property can be adjusted in order to accommodate basic constitutional concepts such as freedom and social duty, is analysed by the author. The focus is placed on recent reforms in the land law of Germany and South Africa. Remarkable similarities in the history, structure and interpretation of German and South African property law and constitutional law are indicated and a link between private law, constitutional law, land reform and legal comparison is established. This is of particular significance for the implementation of the constitutional objectives of land reform by the South African judiciary and legislature. It furthermore provides an overview of the intricate system of constitutional property protection that has been developed in German law.