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Cases, Materials and Text on Property Law (Paperback, New)
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Cases, Materials and Text on Property Law (Paperback, New)
Series: Ius Commune Casebooks for the Common Law of Europe
Expected to ship within 9 - 17 working days
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This casebook presents a deep comparative analysis of property law
systems in Europe (i.e. the law of immovables, movables, and
claims), offering signposts and stepping stones for the reader
wishing to explore this fascinating area. The subject matter is
explained with careful attention given to its history, foundations,
thought-patterns, underlying principles, and basic concepts. The
casebook focuses on uncovering differences and similarities between
Europe's major legal systems - French, German, Dutch, and English
law are examined, while Austrian and Belgian law are also touched
upon. The book combines excerpts from primary source materials
(case law and legislation) and from doctrine and soft law. In doing
so, it presents a faithful picture of the systems concerned.
Separate chapters deal with the various types of property rights,
their creation, transfer, and destruction, along with security
rights (such as mortgages, pledges, retention of title), as well as
with harmonizing and unifying efforts at the EU and global level.
Through the functional approach taken by the Ius Commune Casebooks
series, this volume clearly demonstrates that traditional
comparative insights no longer hold. The law of property used to be
regarded as a product of historical developments and political
ideology, which were considered to be almost set in stone and
assumed to render any substantial form of harmonization or
approximation very unlikely. Even experienced comparative lawyers
considered the divide between common law and civil law to be so
deep that no common ground (so it was thought) could be found.
However, economic integration - in particular, integration of
financial markets and freedom of establishment - has led to the
integration of particular areas of property law, such as mortgage
law and enforceable security instruments (e.g. retention of title).
This pressure towards integration has led comparative lawyers to
refocus their interest from contract, tort, and unjustified
enrichment to property law and to delve beneath its surface. This
book reveals that today's property law systems are closer to one
another than previously assumed, that common ground can be found,
and that differences can be analyzed in a new light to enable
comparison and further the development of property law in Europe.
(Series: Ius Commune Casebooks for the Common Law of Europe)
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