Can European Property Law Be Codified? Towards the Development of Property Notions
Lei Chen and C.H. (Remco) van Rhee, Towards a Chinese Civil Code: Comparative and Historical Perspectives (Leiden: Brill, November 2012), pp. 153-175
24 Pages Posted: 23 Aug 2013
Date Written: 2012
In this contribution an overview is given of, what might be called, the ‘matrix’ of European property law. This matrix (the “classical model” of property law) consists of two layers. The first layer encompasses the leading principles and ground rules of property law. The second layer comprises the notions of subjects, objects and rights. Both layers need to be analysed critically in light of changes within each property law system (e.g. the recognition of de-materialised objects, such as virtual property) and changes from without (economic integration, both regionally and worldwide, resulting in a convergence tendency). The use of “notions”, regarding e.g. what can be an object of property law, might prove to be useful, because notions provide a description, such that their content is as clear and precise as possible, but still open enough to ensure that they can be applied in such a way that all European legal traditions may be encapsulated.
Keywords: European property law, classical model, notion, object of property law, codification, economic integration
JEL Classification: K11, F15, N40
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