Explore international diversity of conveyance rules applicable to several transactions, including highly globalized ones, by comparing American law, German law, and Japanese law. Learn the approaches, to what extent, and how international harmonization should be achieved to take part in such an open-ended discussion in the future.
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In this course, you’ll be investigating the rules that follow global transaction needs and discover that the rules are diversified based on varying jurisdictions.
If you are interested in discussing how the worldwide legal regime should be in the era of a globalized economy, the prerequisite is the following:
- Gain vital skills to estimate what kind of rule each legal system provides an individual in the same transaction
- Finding the focal points of diversity
- Comparing a single basic rule that applies to common cases between typical jurisdictions
While these practices are the best way to enhance an understanding of how comparative law works, to further examine our topic, we will do a comparative study throughout this course to dive deeper into the material.
While these practices are the best way to enhance an understanding of how comparative law works, to further examine our topic, we will do a comparative study throughout this course to dive deeper into the material.
Furthermore, we will focus on the importance of conveyance rules. These are fundamental rules of property law that require the stability and internal harmonization of a domestic legal system. In the current era of globalized economies, conveyance rules are also exposed by the necessity to harmonize world-widely. However, how to achieve international harmonization and to what extent is a good question. In this course, you’ll be given the recipe for a worldwide legal regime and several approaches to determine what extent and how international harmonization should be achieved. You will experience intriguing and extensive open-ended discussions through my interview with Professor Mooney at the University of Pennsylvania, Professor Freyermuth at the University of Missouri, Professor Dubovek at the University of Arizona, and Professor Zwanzger at the Leipzig University in Germany. Each will provide insight from their experience. By the time you complete this course, you will have gained the skills needed to do a comparative study. You should then be ready to take part in such a discussion in the future.
What you'll learn
- Explain the focal points of diversity in the conveyance rules.
- Apply each rule under internal property law to transactional cases.
- Contrast the idea of conveyance rules in typical jurisdictions.
- Distinguish the possible difference of the application of the rule to the same concept.
- Outline the international diversity of conveyance rules illustrated by the typical jurisdictions.
- Explain the difficulty with making conveyance rules harmonize internationally.
- Explain the idea of realizing minimum or moderate harmonization via the principle approach.
Syllabus
Section 1: Diversity of Conveyance Rules In Real Property Sales
1.1 Section 1 Introduction
1.2 Pre-Assessment
1.3 Comparative Study
1.4 Wrap Up
Section 2: Diversity of Movables Conveyance Rules in Sales Transactions
2.1 Section 2 Introduction
2.2 Pre-Assessment
2.3 Comparative Study
2.4 Wrap Up
Section 3: Impact of Cross-border Investment to Real Property Conveyance Rules
3.1 Section 3 Introduction
3.2 Pre-assessment
3.3 Comparative Study
3.5 Wrap Up
Section 4: Iｍpact of Cross-border Investment to Personal Property Conveyance Rules
4.1 Section 4 Introduction
4.2 Pre-Assessment
4.3 Comparative Study
4.4 Wrap Up
