Intersentia has published Eveline Ramaekers’ European Union Property Law: From Fragments to a System.
Its
abstract reads:
The European
acquis communautaire in the field of property law is to a large extent still
unexplored. This study has aimed to shine a light on EU property law. It
provides an overview of the existing acquis communautaire in property law, and
presents a proposal for the future development of this field of law. It deals
with the influence of the EU’s four freedoms - of goods, persons, services and
capital - on national property law and discusses whether or not the EU would
have the competence to actively create property law, and the extent to which it
has already done so. By conducting an extensive search on the basis of some
thirty key property law terms, the author has been able to uncover not just the
handful of Directives and Regulations that touch upon property law and are
relatively well known, but also hundreds of EU legislative measures that make
use of property law concepts, but leave them mostly undefined.
The resulting
picture of EU property law is a fragmented one. In order to develop this field
of law more consistently and coherently, the author has proposed a framework
for future EU property law, focusing on both form and content. The essence of
this framework is the development of three European-autonomous property rights,
functioning within a European set of property law rules.
The contents
are available here.
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