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LAW 7123 - Perspectives on Property Law & Society

North Terrace Campus - Semester 2 - 2015

Property law lies at the very heart of any society and its legal system. This subject aims to give students an overview of property law regimes, looking at their basis in theory and their application in practice. The subject is divided into three parts. The first two weeks challenge students to ask 'what is property and why is it so central to social relationships?' This theoretical background is then explored via a practical consideration of the varieties of property found in a functioning legal system. In particular, the second part of the subject, which runs for eight weeks, considers three types of private property: personal property, land law, and water rights. The assessment of personal property focuses on differences between common and civil law traditions and explores the Sale of Goods regimes of the former. The land law component explores the common law, and specifically the differences between the general law and Torrens systems of land title. Finally, this part of the subject considers the common law and legislative regimes that establish property in water. The final two weeks of the subject examine native title in Australia, Canada and New Zealand. Within each of these topics there will be discussion of contemporary issues surrounding property, such as climate change, indigenous land rights and reconciliation, and water scarcity.

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