European Union Property Law: From Fragments to a Systemvolume 117

ISBN-13: 9781780681719 / Angielski / Miękka / 2013 / 338 str.

Eveline Ramaekers

Opis

The European acquis communautaire in the field of property law is to a large extent still unexplored. This book shines a light on EU property law, providing an overview of the existing acquis communautaire in property law, and presenting a proposal for the future development of this field of law. It deals with the influence of the EU's four freedoms - of goods, persons, services, and capital - on national property law, and it discusses whether or not the EU would have the competence to actively create property law, as well as the extent to which it has already done so. By conducting an extensive search on the basis of some thirty key property law terms, the book has been able to uncover, not just the handful of Directives and Regulations that touch upon property law and are relatively well-known, but also hundreds of EU legislative measures that make use of property law concepts, but leave them mostly undefined. The resulting picture of EU property law is a fragmented one. In order to develop this field of law more consistently and coherently, the book proposes a framework for future EU property law, focusing on both form and content. The essence of this framework is the development of three European-autonomous property rights, functioning within a European set of property law rules. (Series: Ius Commune Europaeum - Vol. 117)