European Land Law

ISBN-13: 9781841137582 / Angielski / Twarda / 2007 / 634 str.

Peter Sparkes

Opis

In his remarkable, ground-breaking new book, Peter Sparkes takes stock of the development of a distinctive body of European land law, taking as his starting point the idea that methods of land-holding permitted by a legal system both shape and reflect the attitudes of the land owners and society in general. However, it quickly becomes very difficult to test that idea when the society in question is governed by an internal market composed of 30 countries - within the European Union/European Economic Area - whose property systems differ so markedly and which reflect such widely differing cultures. The author writes in his preface, -We all become better off by joining a larger trading block but the social consequences will be profound: Brits will need to emigrate to the continent to afford a home, Bulgarians will need to make way for them along the Black Sea coast, and title deeds will be reshuffled all over Europe on a giant Monopoly board.- The opening chapters are devoted to an explanation of how the internal market has created a substantive European land law. The book also examines the rise of a distinctive European land law, the development of conflicts principles applying to recovery of land, and Community competence on consumer protection in the marketing and sale of land. The decision to treat land as a product like any other in the Unfair Commercial Practices Directive will have wide ranging and far reaching implications. The book also deals with conveyancing, contracting, and the emerging market in mortgage credit. It concludes with a miscellany of conflicts rules which are gradually coalescing and form the elements from which a substantive European land law can be forged.