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 societal challenges such as sustainability and new technologies on European and global property law.
Upon completion of the course, students are able to:
- outline the basic historical development of property law in Europe;
- explain the leading values and principles, underlying policies and policy choices, fundamental concepts and basic rules used in the field of comparative property law;
- assess the various harmonization attempts (with a focus on the European Union, but also worldwide) in the area of property law;
- evaluate the impact of new technological developments on European and global property law;
- examine the effects of the functioning of the 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.