European Property Law
Full course description
This is a course on the property law emanating from both positive and negative European integration. After a brief comparative introduction the focus will be on substantive European property law (including private international law) and its various forms. We will focus, more particularly, on the impact of new technologies on European and global property law (block chain, smart contracts and Internet of Things).
Writing a paper on a topic approved by the course coordinator. More information will be available in the course book and will be given during the course.
The aims of this course are to acquire:
- Basic knowledge of the historical development of property law in Europe.
- Fundamental comparative knowledge of leading values and principles, underlying policies and policy choices, fundamental concepts and basic rules.
- Fundamental insights into the impact of new technological developments on European and global property law.
- Basic knowledge as to the various harmonization attempts (with a focus on the European Union, but also worldwide) in the area of property law.
- Basic knowledge of the effects of the functioning of the internal market (particularly: the digital internal market) in the European Union and the effects thereof on private law in general and the law of property more specifically.
This is an advanced course for students who already have a basic knowledge of (national and/or comparative) property law. If this basic knowledge is lacking, additional self-study – for which assistance will be given – is needed to acquire such knowledge.
- Sjef van Erp and Bram Akkermans (eds.) with the collaboration of Alexandra Braun, Monika Hinteregger, Caroline Lebon, Michael Milo, Vincent Sagaert, William Swadling and Lars van Vliet, Ius Commune Casebooks for the Common Law of Europe, Text and Materials on Property Law (Oxford: Hart Publishing 2012) More information about the casebook project can be obtained at http://www.casebooks.eu.
- A. Hartkamp (and others) (eds.), Towards a European Civil Code, (Ars Aequi Libri/Kluwer Law International, Nijmegen/The Hague) – latest edition.
- L.P.W. van Vliet, Transfer of movables in German, French, English and Dutch law (Ars Aequi Libri, 2000).
- F.H. Lawson/B. Rudden, The Law of Property (Oxford University Press, Oxford) – latest edition.
- U. Mattei, Basic principles of property law, A comparative legal and economic introduction (Contributions in Legal Studies, No. 93; Greenwood Press, 2000)
- References to articles and further materials are provided for each subject separately. Students will be offered the necessary assistance in finding these materials.