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Research Handbook on European Property Law
Bringing together global experts in the field, this Research Handbook presents an overview of recent developments in property law in European jurisdictions and in European Union law. It analyses the ways in which these frameworks adapt to modern challenges such as climate change, digitalisation, an ageing population and the effects of pandemics.
More Information
Critical Acclaim
Contents
More Information
Bringing together global experts in the field, this Research Handbook presents an overview of recent developments in property law in European jurisdictions and in European Union law. It analyses the ways in which these frameworks adapt to modern challenges such as climate change, digitalisation, an ageing population and the effects of pandemics.
The Research Handbook on European Property Law provides a forward-thinking and topical examination of the field, critically dissecting its foundations as well as its parameters. Chapters explore topics such as sustainable and circular property law; globalisation; ownership as a source of social obligations; sharing property among generations; the rise of the data economy; and the need for a workable interface between European Union law and national property law. Contributing authors crucially highlight how analysis of property law has become part of mainstream comparative law narratives.
This Research Handbook is an important resource for students and academics in European law and property law. Practitioners interested in how global developments have an impact on rethinking basic property law notions will also find it a thought-provoking read.
The Research Handbook on European Property Law provides a forward-thinking and topical examination of the field, critically dissecting its foundations as well as its parameters. Chapters explore topics such as sustainable and circular property law; globalisation; ownership as a source of social obligations; sharing property among generations; the rise of the data economy; and the need for a workable interface between European Union law and national property law. Contributing authors crucially highlight how analysis of property law has become part of mainstream comparative law narratives.
This Research Handbook is an important resource for students and academics in European law and property law. Practitioners interested in how global developments have an impact on rethinking basic property law notions will also find it a thought-provoking read.
Critical Acclaim
‘This timely volume, masterfully curated by Sjef van Erp and Katja Zimmermann, is essential reading for property law scholars and practitioners alike. It offers a comprehensive and incisive overview of the transformation and modern challenges of property law across European jurisdictions. Investigating crucial issues from sustainability to digitalisation, this book underscores the dynamic interplay between traditional legal frameworks and contemporary societal needs.’
– Lei Chen, Durham University, UK
‘The Research Handbook offers a range of scholarly and creative responses to a new generation of problems, technological and political, from artificial intelligence and data collection to the protection of the environment and the harmonisation of European law.’
– James Gordley, Tulane University, US
– Lei Chen, Durham University, UK
‘The Research Handbook offers a range of scholarly and creative responses to a new generation of problems, technological and political, from artificial intelligence and data collection to the protection of the environment and the harmonisation of European law.’
– James Gordley, Tulane University, US
Contents
Contents
Preface ix
Introduction: the dynamics of property law in Europe 1
Sjef van Erp
PART I GENERAL EU PROPERTY LAW
1 On the boundary between contract and property law: real burdens 7
Lars van Vliet
2 The influence of the four (or five) freedoms on property law 18
Bram Akkermans
3 The European Succession Regulation and its influence on European
land registries 28
Katja Zimmermann
4 The EU regulations on matrimonial property regimes and on the
property consequences of registered partnerships 39
Sabine Heijning
5 The Financial Collateral Directive 50
Reinout Wibier
6 Floating charges 60
Alisdair MacPherson
7 The influence of trusts in European countries 70
Maurizio Lupoi
8 Mortgage law in Europe 81
Elena Sánchez Jordán
9 Land registration in the European Union 92
Vincent Sagaert
PART II KEY QUESTIONS FOR THE FUTURE
10 Property law: breakdown of essentials 109
Sjef van Erp
11 Digital Property 125
Wian Erlank
12 Data ownership 135
Jasper Verstappen
13 Cryptoassets and property 146
Kelvin F.K. Low and Megumi Hara
14 Access to land and mortgage registers: between legal certainty and
privacy protection 157
Arkadiusz Wudarski
15 Property law for the Circular Economy 169
Benjamin Verheye
16 Towards a moral transformation of ownership: social obligations in
European property law 186
Katja Zimmermann
17 Pandemics and property: current issues and future challenges 196
Elsabé van der Sijde
18 Intergenerational property law: using the example of home ownership 209
Tina Huber-Purtschert
19 Information property: navigator principles for the private–public
conundrum between digital data and immaterial property (IP) 219
Christine Godt
20 Expropriation 247
Björn Hoops
Preface ix
Introduction: the dynamics of property law in Europe 1
Sjef van Erp
PART I GENERAL EU PROPERTY LAW
1 On the boundary between contract and property law: real burdens 7
Lars van Vliet
2 The influence of the four (or five) freedoms on property law 18
Bram Akkermans
3 The European Succession Regulation and its influence on European
land registries 28
Katja Zimmermann
4 The EU regulations on matrimonial property regimes and on the
property consequences of registered partnerships 39
Sabine Heijning
5 The Financial Collateral Directive 50
Reinout Wibier
6 Floating charges 60
Alisdair MacPherson
7 The influence of trusts in European countries 70
Maurizio Lupoi
8 Mortgage law in Europe 81
Elena Sánchez Jordán
9 Land registration in the European Union 92
Vincent Sagaert
PART II KEY QUESTIONS FOR THE FUTURE
10 Property law: breakdown of essentials 109
Sjef van Erp
11 Digital Property 125
Wian Erlank
12 Data ownership 135
Jasper Verstappen
13 Cryptoassets and property 146
Kelvin F.K. Low and Megumi Hara
14 Access to land and mortgage registers: between legal certainty and
privacy protection 157
Arkadiusz Wudarski
15 Property law for the Circular Economy 169
Benjamin Verheye
16 Towards a moral transformation of ownership: social obligations in
European property law 186
Katja Zimmermann
17 Pandemics and property: current issues and future challenges 196
Elsabé van der Sijde
18 Intergenerational property law: using the example of home ownership 209
Tina Huber-Purtschert
19 Information property: navigator principles for the private–public
conundrum between digital data and immaterial property (IP) 219
Christine Godt
20 Expropriation 247
Björn Hoops
