Abstract

http://ssrn.com/abstract=1734633
 


 



European Property Law: A Methodology for the Future


Sjef Van Erp


Maastricht European Private Law Institute; University of Maastricht - Faculty of Law

January 4, 2011

EUROPEAN PRIVATE LAW - CURRENT STATUS AND PERSPECTIVES, Schulze/Schulte-Nölke, eds., Sellier European Law Publishers, Munich, Forthcoming

Abstract:     
In this contribution to a collection of essays it is attempted to answer the question what the future of European property law could be. Based upon a more general analysis of the foundations of the property law traditions in Europe some examples are given to show that, although at a fairly abstract level the various traditions indeed share a common foundation, the laws of the Member States nevertheless differ considerably on a more concrete, technical level. A further problem are developments such as the creation of "virtual" property, which force us to critcially rethink traditional property law.The final conclusion is that there is a future for European property law, especially if we follow a functionalist-pragmatic approach as can be seen in ECJ case law, but that we should move with great care and take our time for reflection. We should avoid that European model law, such as the DCFR, becomes an initiative that practising lawyers do not really care about.

Number of Pages in PDF File: 17

Keywords: European private law, comparative law, property law, virtual property

JEL Classification: K11

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Date posted: January 6, 2011  

Suggested Citation

van Erp, Sjef, European Property Law: A Methodology for the Future (January 4, 2011). EUROPEAN PRIVATE LAW - CURRENT STATUS AND PERSPECTIVES, Schulze/Schulte-Nölke, eds., Sellier European Law Publishers, Munich, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1734633

Contact Information

Sjef J. H. M. Van Erp (Contact Author)
Maastricht European Private Law Institute ( email )
P.O. Box 616
Maastricht, NL-6200 MD
Netherlands
+31433883341 (Phone)
+31433884868 (Fax)
University of Maastricht - Faculty of Law ( email )
PO Box 616
Maastricht, 6200 MD
Netherlands
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