Sustainable Obligations in (Dutch) Property Law

Published in Siel Demeyere and Vincent Sagaert, Property and Contract from an Environmental Perspective (Antwerp: Intersentia, 2020), pp. 29-45.

15 Pages Posted: 13 Nov 2020

See all articles by Bram Akkermans

Bram Akkermans

Maastricht University - Maastricht European Private Law Institute (M-EPLI)

Date Written: September 22, 2020

Abstract

Private law does not operate in isolation. Throughout history, private lawyers have been aware of the limits of their field. In property law, this traditionally means referring to public law – especially public law limitations to property rights. The juxtaposition so created is that private law stands for freedom and autonomy and it is public law, in the form of constitutional law or administrative law, that forms most restrictions. With the exception of the doctrine of abuse of rights, for example, the ideas surrounding the right of ownership are virtually limitless. The owner is the person that can dispose over his property in the most absolute manner. In this contribution, I will first explore the theoretical foundations of property law and their importance (section 2). I will then turn to property and human flourishing (section 3), obligations in property law (section 4) and deal with the Dutch qualitative obligation (section 5).

Keywords: property law, sustainability

Suggested Citation

Akkermans, Bram, Sustainable Obligations in (Dutch) Property Law (September 22, 2020). Published in Siel Demeyere and Vincent Sagaert, Property and Contract from an Environmental Perspective (Antwerp: Intersentia, 2020), pp. 29-45., Available at SSRN: https://ssrn.com/abstract=3697184 or http://dx.doi.org/10.2139/ssrn.3697184

Bram Akkermans (Contact Author)

Maastricht University - Maastricht European Private Law Institute (M-EPLI) ( email )

PO Box 616
Maastricht, 6200 MD
Netherlands

HOME PAGE: http://www.MaastrichtUniversity.nl/b.akkermans

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