Abstract

http://ssrn.com/abstract=2436906
 


 



Between Property Law and Contract Law: The Case of Securities


Matthias Haentjens


Leiden University - Leiden Law School

2012

The Future of European Property Law, 2012
Hazelhoff Research Paper Series No. 2
Leiden Law School Research Paper

Abstract:     
Grotius and Von Savigny made a strict distinction between property law interests and contract law interests. This distinction still influences current European law systems, both continental and Anglo-Saxon. The Draft Common Frame of Reference (“DCFR”) also seems to build on the same distinction. Yet a harmonisation of the private law rules concerning securities transfers would necessarily have to include both contract law and property law. First, in the case of book-entry securities, the object of the transaction is hard to classify as either purely contractual, or proprietary in nature. This holds equally true for similar, “modern” assets such as carbon credits, i.e. emission rights, and intellectual property rights. Second, specific rules of securities law notwithstanding, contractual and property law aspects of a transfer are virtually inseparable under the general private laws of most jurisdictions, including the DCFR. Thus, more generally, and as stated above, property law harmonisation must accompany contract law harmonisation – and vice-versa.

Number of Pages in PDF File: 15

Keywords: Securities, financial law, property law, contract law, Draft Common Frame of Reference, DCFR, harmonisation

Accepted Paper Series





Download This Paper

Date posted: May 15, 2014  

Suggested Citation

Haentjens, Matthias, Between Property Law and Contract Law: The Case of Securities (2012). The Future of European Property Law, 2012; Leiden Law School Research Paper. Available at SSRN: http://ssrn.com/abstract=2436906

Contact Information

Matthias Haentjens (Contact Author)
Leiden University - Leiden Law School ( email )
P.O. Box 9520
2300 RA Leiden, NL-2300RA
Netherlands
Feedback to SSRN


Paper statistics
Abstract Views: 239
Downloads: 74
Download Rank: 195,502

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.469 seconds