The publication of the DCFR has renewed the discussion on the need for a European Property Law. The study published by Von Bar and Drobnig while the DCFR was prepared, underlines the inter-relatedness of contract and property. Nonetheless, the drafters of the DCFR have chosen to deal with...

In Comparative and European Property law, there is a clear need for studies into the fundamental basis of the legal systems in Europe. One part of this fundamental basis is the creation and extinction of property rights. One of the most interesting elements of this subject and the reason for...

For European property lawyers, property is the law of things and this has been so for the past centuries. In this perspective, property law focuses on transactions of these things and is therefore transactional law. Increasingly there is a number of lawyers that considers property in a...

This is the presentation held prior to the defense of the PhD Thesis 'The Principle of Numerus Clausus in European Property Law' defended in Maastricht, the Netherlands, on 17 October 2008. It is customary in the Netherlands to hold a 15 minute presentation to the audience of colleagues, family...

In 1994 René de Groot and Steven Bartels published an article in Ars Aequi, a Dutch, completely student run journal, about the future of property law in the European Union. The Treaty of Maastricht had just entered into force and a new era in the European integration process was about to begin....

European Property Law is in development. In the last decades it has been a study of theory rather than of practice as it is usually considered too diverse and too much differing between countries to ever achieve meaningful results when trying to seek harmonisation. Recently, however, property...

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...

In the EU there is an internal market in which there is free movement of goods. The effects of internal market law are very wide because of the focus on economic integration. Every aspect of national law is potentially subject to the influence of EU law. This includes the application of internal...