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Real Obligations at the Edge of Contract and Property


ISBN13: 9781780689166
Published: July 2020
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Hardback
Price: £165.00



Despatched in 7 to 9 days.

This book extensively analyses obligations connected to property rights, or ‘real obligations’, in a comparative perspective through a study of Belgian, French, Dutch and Scots law. Examples of real obligations are the periodical payment obligation of a long lease holder, the maintenance of the property subject to a servitude and the financial contributions by apartment owners.

A real obligation differs in several aspects from a personal obligation. A real obligation is for instance so closely connected to a property right that the obligation transfers automatically to the transferee of the property right. After defining real obligations and the exclusion of several related legal mechanisms in Part I, the regime of real obligations is analysed in Part II. The liability of both the transferor and transferee for real obligations, which are for many property rights underregulated, for instance, are analysed in detail. Those findings are applied to the specific property rights in Part III, so that particular problems for a specific property right are also analysed and, where possible, solved. For instance the role of party autonomy in the creation of a long lease right is studied. Also the different obligations which can be connected to a servitude are delineated. Part IV deals with legal mechanisms most of which have recently been introduced, allowing to connect obligations to a piece of property, outside the traditional framework of property rights, such as the Dutch ‘qualitative obligation’ and the French obligation réelle environnementale.

The book ends with a discussion of the possibility and desirability of the (broader) introduction of such real obligations, which could entail the introduction of new property rights sui generis.

Subjects:
Property Law
Contents:
Introduction
Siel Demeyere
Part I. Static dimension of real obligations: concept and sources
Chapter 1. Property Law Scholarship
Chapter 2. Constitutive Building Blocks of Real Obligations
Chapter 3. Sources of Real Obligations
Chapter 4. Exclusion of Other Contracts and Obligations
Part II. Dynamic dimension of real obligations: liability for real obligations
Chapter 1. Transfer of the Obligation with the Property Right
Chapter 2. Abandonment
Chapter 3. Liability for Real Obligations: Overarching Issues
Chapter 4. Other Grounds for Extinction of Real Obligations
Part III. Real obligations in the framework of coexistent property rights Section I. Proprietary relationship regarding one single (im)movable
Chapter 1. Co-owner
Chapter 2. Apartment Rights
Chapter 3. Usufruct
Chapter 4. Long Lease
Chapter 5. Building Right
Chapter 6. Droit réel de jouissance spéciale in French Law
Part III. Real obligations in the framework of coexistent property rights Section II. Proprietary relationship involving two immovables
Chapter 1. Negative Obligations Between Two Pieces of Land: Servitude and Scottish Real Burden
Chapter 2. Positive Obligations Between Two Pieces of Land
Part IV. Autonomous real obligations
Chapter 1. Autonomous Negative Obligations: Kwalitatieve verplichtingen
Chapter 2. Autonomous Positive Obligations
Chapter 3. The (Im)possibility and (Un)desirability of Autonomous Real Obligations
Chapter 4. Conclusion
General Conclusion
Bibliography