Monday, April 12, 2010
Sjef J. H. M. Van Erp (Maastricht) has posted Deconstruction and Reconstruction of European Property Law: A Research Agenda, from LEGAL ENGINEERING AND COMPARATIVE LAW, E. Cashin Ritaine, ed., 2009. The abstract:
To develop a truly European property law, which can function as a new “ius commune” bringing together the various European property law traditions (common law, civil law, mixed jurisdictions), a thought process of deconstruction and reconstruction is needed. This article develops a research agenda for such a thought process. It focuses on Europe’s so-called “economic constitution” and the building blocks of property law systems; it also presents a preliminary analysis of the subjects, objects, legal relations and policy choices upon which a European property law can be built.