Description
Bloomsbury Publishing PLC Cases Materials and Text on Property Law by Edited by Sjef Van Erp Edited by Bram Akkermans
This casebook presents a deep comparative analysis of property law systems and is explained with careful attention to its history foundations thought-patterns underlying principles and basic concepts. The casebook focuses on Europes 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 with security rights (like mortgages pledges retention of title) as well as with harmonising and unifying efforts at the EU and global level. This volume clearly demonstrates that traditional comparative insights no longer hold. The law of property used to be considered to be almost set in stone; any substantial form of harmonization or approximation was thought unlikely. Economic integration however and in particular the integration of financial markets and freedom of establishment has led to the integration of areas of property law such as mortgage law and enforceable security instruments (e.g. retention of title). This book reveals that today property law systems are closer to each other than previously assumed that common ground exists and that comparison can bear fruit.