Saturday, January 8, 2011

Van Erp on European Property Law

Sjef J. H. M. Van Erp (Maastricht University) has posted European Property Law: A Methodology for the Future, from EUROPEAN PRIVATE LAW - CURRENT STATUS AND PERSPECTIVES, Schulze/Schulte-Nölke, eds., Sellier European Law Publishers, Munich, Forthcoming.  The abstract:

In this contribution to a collection of essays it is attempted to answer the question what the future of European property law could be. Based upon a more general analysis of the foundations of the property law traditions in Europe some examples are given to show that, although at a fairly abstract level the various traditions indeed share a common foundation, the laws of the Member States nevertheless differ considerably on a more concrete, technical level. A further problem are developments such as the creation of "virtual" property, which force us to critcially rethink traditional property law.The final conclusion is that there is a future for European property law, especially if we follow a functionalist-pragmatic approach as can be seen in ECJ case law, but that we should move with great care and take our time for reflection. We should avoid that European model law, such as the DCFR, becomes an initiative that practising lawyers do not really care about.

Matt Festa

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