Personal Property Law in the 21st Century

This collection critically examines the current condition of personal property law and scholarship in light of significant conceptual, technological, and commercial advancements in the 21st century.

At the start of this century, Peter Birks lamented that ‘our personal property law is in a bad state’. The subject’s foundations are poorly understood, and the 21st century has brought with it technological, commercial, and social changes which the law of personal property has been required to address. In this context, it is more important than ever that personal property law is keenly studied and properly understood.

This book considers personal property law from both a theoretical and a practical perspective. If we are to have a functioning personal property law that is capable of addressing modern challenges, it must be based on firm foundations and appropriately situated within our broader private law. To that end, this collection contains 15 chapters from renowned academics on the nature and scope of the subject and its fundamental concepts.

Beyond this, the book considers whether our existing personal property law has appropriately dealt with the commercial, technological, and social advancements that the 21st century has brought with it. It contains chapters addressing the legal treatment of digital assets, the legal effect of modern commodity financing arrangements, and contemporary issues in the law of sale.