Deconstruction and Reconstruction of European Property Law: A Research Agenda
Sjef van Erp
Maastricht European Private Law Institute; University of Maastricht - Faculty of Law
March 16, 2010
LEGAL ENGINEERING AND COMPARATIVE LAW, E. Cashin Ritaine, ed., 2009 (L’íngénierie juridique et le droit comparé. Rapports du colloque du 25e. anniversaire de l’Institut Suisse de Droit Comparé du 29 août 20)
To develop a truly European property law, which can function as a new “ius commune” bringing together the various European property law traditions (common law, civil law, mixed jurisdictions), a thought process of deconstruction and reconstruction is needed. This article develops a research agenda for such a thought process. It focuses on Europe’s so-called “economic constitution” and the building blocks of property law systems; it also presents a preliminary analysis of the subjects, objects, legal relations and policy choices upon which a European property law can be built.
Number of Pages in PDF File: 17
Keywords: Property law, comparative law, European law, European private law, economic constitution, economic integration
JEL Classification: F02, F15, K11
Date posted: March 25, 2010
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