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De Krachtlijnen Van Het Appartementsrecht Getoetst (Evaluating the Major Principles of the New Belgian Appartment Law 2010)Alain-Laurent VerbekeUniversity of Leuven, Faculty of Law, Department of Private Law; Harvard Law School; University of Leuven, Faculty of Psychology; Tilburg Law School Department of Private Law and TISCO; Catholic University of Portugal (UCP) - Católica Global School of Law; University of Brussels (VUB/ULB) ; Greenille (Attorneys, Notaries and Tax Advisors; Brussels, Antwerp, Amsterdam, Rotterdam) September 16, 2010 HET NIEUWE APPARTEMENTSRECHT: EEN ANALYSE VAN DE HERVORMING DOOR DE WET VAN 2 JUNI 2010, pp. 127-144, V. Sagaert & A.-L. Verbeke, eds., Brugge, Die Keure, 2010 Abstract: In this article I evaluate the new Belgian Appartment Act according to the principles I have proposed in an earlier publication in TBO 2008, 172-176: solidarity, transparance and information, pragmatism. My conclusion is that the new law offers good solutions for most of the problems. I argue however that the new law is envisaging too exclusively the large appartment complexes without taking into account sufficiently the practical issues for small buildings. I therefore urge the legislator to create more reasonable exceptions to some of the rules for small builings. Hence, in my view there should be an appartment law with two speeds. One with the full legislative framework for larger buildings, and one downsized for small buildings.
Note: Downloadable document is in Dutch. Number of Pages in PDF File: 10 Keywords: Appartment Law, Property Law, Contract Law JEL Classification: K11, K12 Accepted Paper SeriesDate posted: March 24, 2011Suggested CitationContact Information
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