Module Code - Title:
LA6082
-
INTERNATIONAL PERSPECTIVES ON PROPERTY LAW
Year Last Offered:
2024/5
Hours Per Week:
Grading Type:
N
Prerequisite Modules:
Rationale and Purpose of the Module:
This course explores the impact of international perspectives on property law and its reform.
Syllabus:
The law on a number of property law issues is analysed and critiqued with a view to establishing the case for reform and whether lessons can be learnt from the law on these issues in other common law jurisdictions. The topics include adverse possession, business leases, matrimonial property law, the property rights of unmarried cohabitants, the limits on testamentary freedom, family disputes over burials and the recognition of native title in Australia.
Learning Outcomes:
Cognitive (Knowledge, Understanding, Application, Analysis, Evaluation, Synthesis)
On successful completion of this module, a student will be able to:
- Outline key features of the Irish law on adverse possession, business leases, family property, succession, burial instructions and the recognition of native title in Australia.
- Critique the current law.
- Discuss the case for reforming the current law or the rationale behind any recent reforms introduced in these areas.
- Engage in comparative analysis of the legal responses of various jurisdictions to property related difficulties and disputes.
- Critically evaluate the extent to which the experiences and responses of other jurisdictions should influence Irish property law.
Affective (Attitudes and Values)
On successful completion of this module, students should:
- Be challenged to think more broadly about the impact of international perspectives on the reform of land law, particularly Irish land law.
- Question the extent to which existing land laws adequately protect or provide solutions to those involved in property disputes.
- Engage with policy makers on issues of property law reform.
Psychomotor (Physical Skills)
N/A
How the Module will be Taught and what will be the Learning Experiences of the Students:
The initial class will be a formal lecture. The remainder of the classes will be in a seminar style with nominated students presenting on each topic followed by a general class discussion in which all students will be expected to actively contribute.
Research Findings Incorporated in to the Syllabus (If Relevant):
Prime Texts:
Mattei (2000)
Basic Principles of Property Law: A Comparative Legal and Economic Introduction
, Greenwood Press
Jourdan and Radley-Gardner (2011)
Adverse Possession
, Bloomsbury Professional
Wylie (2013)
Landlord and Tenant Law
, Bloomsbury Professional
Crowely (2013)
Family Law
, Round Hall
Mee (1999)
The Property Rights of Cohabitees
, Hart
Brady (1995)
Succession Law in Ireland
, Butterworths
McNeil (1989)
Common Law Aboriginal Title
, Clarendon Press
Other Relevant Texts:
Programme(s) in which this Module is Offered:
MLLAGETFA - (GENERAL)
MLICLATFA - INTERNATIONAL COMMERCIAL LAW
MLLAGETPA - (GENERAL) P/T
MLICLATPA - INTERNATIONAL COMMERCIAL LAW
Semester(s) Module is Offered:
Spring
Module Leader:
Una.Woods@ul.ie