Title

Pushing the envelope of proprietary interests: The nadir of the numerus clausus principle

Date of this Version

2015

Document Type

Journal Article

Publication Details

Published version

Weir, M. (2015). Pushing the envelope of proprietary interests: The nadir of the numerus clausus principle. Melbourne University Law Review, 39(2), 1-27.

Access the journal

2015 HERDC submission

© Copyright, The Author, 2015

ISSN

0025-8938

Abstract

The numerus clausus principle is an inherent approach to the structure of property interests which is reflected in both the common and civil law and in both real and personal property. There are sound policy reasons for this approach based on economic and legal concepts. This conservative influence on property interests is increasingly being disrupted by the impact of judicial activism but more importantly by statutory property interests based upon social and environmental forces which seek to loosen the bonds of this principle. The advantages and criticisms of this principle are analysed in this article along with the potential risks of disrupting this fundamental meta principle of property law.

 

This document has been peer reviewed.