Can European property law be codified? Towards the development of property notions

Research output: Chapter in Book/Report/Conference proceedingChapterAcademic

Abstract

In this chapter an overview is given of, what might be called, the 'matrix' of European property law. This matrix (the 'classical model' of property law) consists of two layers. The first layer encompasses the leading principles and ground rules of property law. The second layer comprises the notions of subjects, objects and rights. Both layers need to be analysed critically in light of changes within each property law system (e.g. the recognition of de-materialized objects, such as virtual property) and external changes (economic integration, both regionally and worldwide, resulting in a convergence tendency). The use of 'notions', regarding e.g. what can be an object of property law, might prove to be useful, because notions provide a description, such that their content is as clear and precise as possible, but still open enough to ensure that they can be applied in such a way that all European legal traditions may be encapsulated.
Original languageEnglish
Title of host publicationTowards a Chinese Civil Code. Comparative and Historical Perspectives
EditorsL. Chen, C.H. van Rhee
Place of PublicationLeiden/Boston
PublisherMartinus Nijhoff Publishers
Pages153-176
Number of pages562
ISBN (Print)9789004204874
Publication statusPublished - 1 Jan 2012

Publication series

SeriesChinese and Comparative Law Series
Number1

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