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Is it possible to classify the events from which non-consensual property rights arise?
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Personal Property Essay: Is it possible to classify the events from which non-consensual property rights arise? Some form of classification is necessary to aid attempts to bring order to a confusing and confused area of law. If the events from which non-consensual property rights arise can be classified, then the law's response is more likely to be consistent and coherent. Yet there are problems. The very nature of the facts that are brought before courts in the sorts of cases that comprise this area of law demand fairness, and legal policy considerations lurk behind every rationalisation. This makes it more difficult to achieve coherence, but our task is less demanding than achieving coherence in the law: we only need to look at the sets of facts that give rise to property rights by 'operation of law' (which are given effect by a declaration that the property is held on constructive trust for...
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