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Property and Contract: Comparative Reflections on English Law and Spanish Law, edited by John Cartwright and Ángel M López y López [Hart Publishing, Oxford, 2021, 264pp, ISBN 9781509929337, £85 (h/bk)]

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Property and Contract: Comparative Reflections on English Law and Spanish Law, edited by John Cartwright and Ángel M López y López [Hart Publishing, Oxford, 2021, 264pp, ISBN 9781509929337, £85 (h/bk)]

Published online by Cambridge University Press:  20 October 2022

Paula Giliker
Paula Giliker*
Affiliation:
Professor of Comparative Law, University of Bristol, [email protected].
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Type
Book Reviews
Information
International & Comparative Law Quarterly , Volume 71 , Issue 4 , October 2022 , pp. 1007 - 1009
Copyright
Copyright © The Author(s), 2022. Published by Cambridge University Press on behalf of the British Institute of International and Comparative Law

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References

1 A deed of transfer authenticated by a Spanish notary.

2 eg what happens if the vendor named in the deed does not possess or own the land in question or, if the sale is of future property, where the buyer is purchasing a building off plan or under construction.

3 Cartwright in Ch 6 comments that, in practice, the English system under the Sale of Goods Act 1979 operates in a similar way to French law. This is in contrast to its position in relation to land transfers which is closer to the German system. See also Ch 5.

4 The transfer may, however, be deferred by the will of the parties, by the nature of the things in question or by the effect of legislation: art 1196 Code civil.

5 Interestingly, Austria (having an earlier code) utilises a different system to Germany which Häcker characterises as ‘separation without abstraction’.

6 von Bar, C and Clive, E (eds), Principles, Definitions and Model Rules of European Private Law; Draft Common Frame of Reference (DCFR) (Sellier 2009) Bk VIIICrossRefGoogle Scholar.

7 Note, for example, the comments of Sjef van Erp in ‘Comparative Property Law’, Reimann, M and Zimmermann, R (eds), Oxford Handbook of Comparative Law (2nd edn, OUP 2019) 1032CrossRefGoogle Scholar.