Monday, April 27, 2015
Eveline Ramaekers (Oxford) has posted What is Property Law? on SSRN. Here's the abstract:
This article addresses a core question in property theory, namely 'What is property law?'. This question does not yet seem to have received the attention in academic discourse that it deserves, so by tackling this question the article aims to make a contribution to this aspect of the academic debate on property theory. The article provides an initial answer to the question of what property law is. It does so in five steps: (i) it asks why the question is a valid one in the first place; (ii) it presents an abstract model outlining the building blocks of property law; (iii) it discusses how to separate property law from other, adjacent fields of law; (iv) it investigates the possible application of the abstract model presented at step ii to 'new' property interests that have developed outside the realm of private law property law; (v) and it analyses the impact which developments in EU law have on the main question of what property law is. Given the broad and complex nature of the question the article can also be seen as a research agenda setting the tone for subsequent research into this topic.