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Cases, Materials and Text on Property Law (eBook)

Edited by: Sjef Van Erp, Bram Akkermans

ISBN13: 9781847319821
Published: July 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £67.49
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The influence of European economic integration on private law first became clear in contract and tort law as well as the law of unjustified enrichment. Traditionally, comparative lawyers considered the law of property (immovables, movables and claims) as too complex for harmonisation attempts.

In their view property law was very much a product of historical developments and political ideology. The divide between common law and civil law, particularly in the light of the way these two systems developed after the French Revolution, was seen as so deep that no common ground could be found.

Two examples can be given to illustrate this: the numerus clausus of absolute rights, a fundamental concept in the civil law, does not exist as such in the common law, whereas fragmentation of ownership (characteristic of the common law) is not accepted in civil law systems. Economic integration, however, follows its own path: integration of financial markets needs integration of mortgage law; intra-community trade demands that the validity and enforceability of security instruments such as retention of title does not depend on highly abstract rules of private international law.

This development has led to growing interest by comparative lawyers in the history, foundations, underlying principles and basic concepts of property law and the law of security rights (mortgages, pledges, retention of title etc.). This property law casebook examine all these aspects of property law in a systematic and accessible way.

Property Law, Comparative Law, EU Law, eBooks
Introductory chapter
Chapter 1. Common concepts and leading principles
Chapter 2. Protection of property rights
Chapter 3. Types of property rights: immovables and movables
Chapter 4. Types of property rights: claims
Chapter 5. Property rights as security interests
Chapter 6. Management devices: trust, treuhand, fiducie
Chapter 7. Creation
Chapter 8. Transfer
Chapter 9. Destruction Chapter 10. Uniform or harmonised property law
Tables Contributors Bram Akkermans (Maastricht University, NL) Monika HINTEREGGER (University of Graz, AU) Caroline LEBON (University of Leuven, BE) John Michael MILO (University of Utrecht, NL) Vincent SAGAERT (University of Leuven, University of Antwerp, BE) William SWADLING (University of Oxford, UK) Sjef VAN ERP (Maastricht University, NL) Lars VAN VLIET (University of Maastricht, NL) Assisted by Ton ROSEBOOM (Maastricht University) Advisory committee Madeleine CANTIN CUMYN (McGill University, CA) Susan FRENCH (UCLA Law School, USA) Kenneth REID (Edinburgh University, UK)

Series: Ius Commune Casebooks for the Common Law of Europe

Cases, Materials and Text on Judicial Review of Administrative Action ISBN 9781509921478
Published August 2019
Hart Publishing
Cases, Materials and Text on European Law and Private Law ISBN 9781509911875
Published March 2017
Hart Publishing
Cases, Materials and Text on Property Law ISBN 9781841137506
Published July 2012
Hart Publishing
Cases, Materials and Text on Consumer Law ISBN 9781841137490
Published March 2010
Hart Publishing
Cases, Materials and Text on Consumer Law (eBook) ISBN 9781847317308
Published March 2010
Hart Publishing
Out of print
Cases, Materials and Texts on Unjustified Enrichment ISBN 9781841131269
Published June 2003
Hart Publishing
Tort Law and Scope of Protection ISBN 9781901362732
Published January 1998
Hart Publishing
Out of print