Property and Trust Law in Spain
An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions.
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List of Abbreviations
3 Political System
2 Relation and Hierarchy Between the Sources of Law
2 The Concept of Ownership
3 Estate and Patrimony
Immovable Property and Real Property
Acquisition of Property Rights
Trust and Fiduciary Mechanisms
3 FIDUCIA CUM AMICO in the Field of Successory Law
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acquired acquisitive prescription action agrarian alienation Aranzadi belonging building buyer CC AA Civil III Civil Law co-owners conveyance Crítica de Derecho debtor debtor’s patrimony delivery Derecho Civil Derecho Inmobiliario dominant estate duty easements efficacy emphyteusis expropriation favour fiducia cum amico fiduciary mechanisms fiduciary’s flat or premises foreseen fulfilment guarantee real rights he/she his/her holder immovable infra inheritance inheritors intellectual property inter vivos joint ownership juridical act Land Registry Law countries lessee lessor liable limited real rights Madrid mandatory sale means mortgaged estate movable mortgage object obligation owner Pamplona payment person pledge creditor pledge without transfer possessor propiedad prorogation regard Registry of Movable regulation relation rent retention right Revista Crítica rules Sale on Credit securities servient estate settlor social function Spain Spanish Civil Code Spanish Law statutory provisions subrogate successory supra Tecnos third party transfer of possession trust usucapion usufruct vendor