The Principle of Numerus Clausus in European Property Law by Bram Akkermans

The Principle of Numerus Clausus in European Property Law by Bram Akkermans

In order to develop a framework that can form a basis for the development of a European property law, this book provides a comparative analysis of property law from the perspective of four European legal systems and European law, focusing on the numerus clausus principle. The book offers theoretical insights on how substantive property law, European law, and, to a certain extent, private international law intersect. The principle of numerus clausus, one of the fundamental principles of property law, is adhered to by most legal systems. In this book, an analysis of the property law systems of France, Germany, the Netherlands, and England is provided. A description is given of the content of available property rights in each of these systems, followed by an examination as to whether these rights form a closed system and whether private parties are given freedom to shape property rights, or even create new types of rights. In the last decades, property law has come under pressure to allow more party autonomy. In other words, property law has become more and more subject to pressure from contract law. Private parties attempt to draft their contracts in such a way that their contractual arrangements are given property effect. Sometimes they also attempt to make use of a property right in a way that was not foreseen by legislature or courts. As a result, rights have come into existence that are intermediary between the law of contract and the law of property. Moreover, the systems of property law are also subject to a growing influence from European legislation. The development of the internal market in the European Union increasingly forces Member States to answer the question whether and, if the answer is affirmative, in what way property rights created in another Member State should be recognized. Substantive property law intersects here. Until now, national legal systems generally resist this influence of European law and use the principle of numerous clausus as a justification. It is to be questioned whether the numerus clauses principle can still act as a guardian against the influence of foreign and European law.

Aalt Willem Heringa (1955) graduated from the Rijksuniversiteit Leiden in 1978, where he worked until 1987 as an assistant professor. He was a visiting researcher at the Centre of European Governmental Studies of the University of Edinburgh (1986) and at the European Research Center of the Harvard Law School (1996). In 1989 he completed his Ph.D. thesis 'Sociale Grondrechten' (Social Rights). He has been working at Maastricht University, the Faculty of Law, since 1987; he was appointed full professor of (comparative) constitutional and administrative law in 1995. He is author and editor of numerous books and articles on Dutch Constitutional law, the European Convention on Human Rights, the European Social Charter, comparative constitutional law, US constitutional law, Human Rights and legal education.He served for many years as a Member of the Netherlands Commission on Equal Treatment. He is one of the founding editors of the NJCM Bulletin; of EHRC (European Human Rights Cases); of JB and JB+; of the Maastricht Journal of European and comparative law (MJ); and of EVRM Rechtspraak & Commentaar . He served on the supervisory board of Hiil (the Hague Institute for the Internationalisation of the Law) and on the Supervisory Board of LVO. He is since 2010 a member/vice chair of the supervisory board of Orbis Medical Center, major care and cure organisation in the south of Limburg province. Since 2012 he also serves on the Conseil d'Administration of Paris University Dauphine.Since 2012 he is director of the Montesquieu Institute Maastricht and he is Head of the Public Law Department. In 2013 he worked as European Co-Dean of the China EU School of Law in Beijing.

SKU	Unavailable
ISBN 13	9789050958240
ISBN 10	9050958249
Title	The Principle of Numerus Clausus in European Property Law
Author	Bram Akkermans
Series	Ius Commune: European And Comparative Law Series
Condition	Unavailable
Binding Type	Paperback
Publisher	Intersentia Publishers
Year published	2008-10-18
Number of pages	657
Cover note	Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
Note	Unavailable