Contract law and property law are normally seen as different areas of law which address different issues. This seminar challenges this conventional position by arguing that the conclusion, amendment and termination of contracts are in fact property law transactions and that the strict divide between contract law and property law is therefore not justifiable.
The seminar starts by explaining the (rather confusing) terminological and doctrinal basics. It goes on with a review of the existing positions developed by academics and courts regarding the relationship between contract law and property law. It demonstrates in its main part that contract law does in fact serve property law functions and that this conclusion leads to rather significant practical consequences. The seminar ends with remarks of a more general nature regarding the possibility of change of long established doctrinal believes.
Prof. Wolff’s recent journal article ‘The relationship between contract law and property law’Common Law World Review (2020) offers a prior glimpse of the seminar.
About the speaker: Prof. Lutz-Christian Wolff, Dean, Wei Lun Professor of Law, Faculty of Law, CUHK
The Law Society of Hong Kong has awarded this seminar 1 Continuing Professional Development (CPD) point.