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Thursday, August 6, 2020 | History

6 edition of The principle of numerus clausus in European property law found in the catalog.

The principle of numerus clausus in European property law

Bram Akkermans

The principle of numerus clausus in European property law

by Bram Akkermans

  • 314 Want to read
  • 32 Currently reading

Published by Intersentia in Antwerp, Portland .
Written in English

    Subjects:
  • Real property -- Europe,
  • Numerus clausus -- Europe,
  • Right of property -- Europe

  • Edition Notes

    Other titlesEuropean property law, Numerus clausus in European property law
    Statement[Bram Akkermans].
    SeriesIus commune europaeum -- 75, Ius commune europaeum -- 75.
    ContributionsMaastrichts Europees Instituut voor Transnationaal Rechtswetenschappelijk Onderzoek.
    Classifications
    LC ClassificationsKJC1318 .A95 2008
    The Physical Object
    Paginationxiii, 657 p. ;
    Number of Pages657
    ID Numbers
    Open LibraryOL23399939M
    ISBN 109050958249
    ISBN 109789050958240
    LC Control Number2009419750

    numerus clausus. principle on the ways in which property may be encumbered by the rights of third parties. In this respect, the. numerus clausus. principle is important because it prevents owners from hampering the tradeability of their properties by overburdening them. 6. The principle thus constitutes a limitation on party autonomy, 7. property law, whether these data can be included in, what I have alled, the ^numerus lausus of legal o jets _, what the onsequences are of accepting data as a new legal object for our understanding of ownership (more particularly ownership as the foundation of trade in a market.

    His thesis, under the supervision of Prof. Mr. j.h.m. van Erp, concerns the closed system of property rights (numerus clausus) in Europe and was published in under the title 'The principle of numerus clausus in European property law'. Throughout the common law world the notion that classes of property rights are closed in number is a prevailing concept across property regimes. This closed in number, or numerus clausus, principle has served property rights well. This principle has prevented messy property arrangem ents from arising – such as an agreement between two.

    In this article, I seek to reclaim for property theory the legitimation concern that is the kernel of the principle of numerus clausus (which is a restriction that means that it cannot be up to private persons to create new forms of property right, but only to trade rights that take existing forms). I . The numerus clausus principle is well-established in Japanese law, although in contrast to German law, Japanese law regards the principle, which is reflected in Civil Code Article , more as a limitation on the circumstances in which property rights can be enforced against third.


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The principle of numerus clausus in European property law by Bram Akkermans Download PDF EPUB FB2

The principle of numerus clausus, one of the fundamental principles of property law, is adhered to by most legal systems. In this book, an analysis of the property law systems of France, Germany, the Netherlands, and England is by: The Principle of Numerus Clausus in European Property Law.

In order to develop a framework, which can form the basis for the development of a European property law this book seeks to provide a comparative analysis of property law from the perspective of four European legal systems, and of European law, focusing on the numerus clausus principle.

The principle of numerus clausus, one of the fundamental principles of property law, is adhered to by most legal systems. In this book an analysis of the property law systems of France, Germany, the Netherlands and England is provided.

The principle of numerus clausus, one of the fundamental principles of property law, is adhered to by most legal systems. In this book, an analysis of the property law systems of France, Germany, the Netherlands, and England is provided.

The Principle of Numerus Clausus in European Property Law In order to develop a framework, which can form the basis for the development of a European property law this book seeks to provide a comparative analysis of property law from the perspective of four European legal systems, and of European law, focusing on the numerus clausus principle.

The Principle of Numerus Clausus in European Property Law Persoonlijke kopie van (). The principle of numerus clausus, one of the fundamental principles of property law, is adhered to by most legal systems.

In this book an analysis of the property law systems Author: Bram Akkermans. The Principle of Numerus Clausus in European Property Law DISSERTATION to obtain the degree of Doctor at the Maastricht University, on the authority of the Rector Magnificus, Prof.

G.P.M.F. Mols in accordance with the decision of the Board of Deans, to be defended in public on Friday 17 Octoberat hours by Bram Akkermans. Specific Common Law Types of Ownership (Estate and Trust) 12 a) Estates and other divisions of property 12 b) Trusts, settlements and overreaching 13 Superficies solo cedit 14 Limited Real Rights in Land (Interests in Land) 14 Numerus clausus of Real Rights 14 System of Real Rights in Land 15   The numerus clausus of property rights is one of the fundamental principles of property law.

It refers to the idea that both the number and content of property rights is limited and is traditionally placed in contrast to party autonomy, which reigns in contract law.

The principle of numerus clausus, one of the fundamental principles of property law, is adhered to by most legal systems. In this book, an analysis of the property law systems of France, Germany, the Netherlands, and England is provided. The numerus clausus principle is an inherent approach to the structure of property interests which is reflected in both the common and civil law and in both real and personal property.

Law. Main article: Numerus clausus (law) Numerus clausus is also used in law, property law in particular, as the principle that the system of estates allows only a limited number of property rights available in a legal system. The numerus clausus principle has its roots in Roman law.

The numerus clausus principle present in the civil codes is often stricter than it is in practice — courts in several jurisdictions have allowed property customs to create new property forms.

In this Essay, we advance a more general theory of optimal standardization to explain this principle in both the common law and the civil by: 3. The numerus clausus of property rights is one of the fundamental principles of property law. It refers to the idea that both the number and content of property rights is limited and is traditionally placed in contrast to party autonomy, which reigns in contract law.

The principle of numerus clausus, one of the fundamental principles of property law, is adhered to by most legal systems. In this book an analysis of the property law systems of France, Germany. Principle of Numerus Clausus European Numerus Clausus Access-Test 1.

Is a legal relation with respect to an object modelled after powers contained in the primary right. (objective) 2. Is it the intention of the parties to provide third party effect and do they have a sufficient interest. (subjective) 3.

Does the legal relation fit into a. In this context, the numerus clausus principle has represented a valuable boundary rule for property law, allowing a fixed, yet moderate, number of estates and interests to exist.

Law of Property (Oxford: Oxford University Press, ), pp. result of the French Revolution. Consequently, the principles and rules of property law had to be reformulated on the continent.

In England, however, the feudal system was not abolished and remained the - legal-technical - basis of property law. The same applies to countries. Abstract. First-year law students soon become familiar with the numerus clausus principle in property law.

The principle holds that there is a limited menu of available standard property forms (the estates, the different types of common or joint ownership, the different types of servitudes) and that new forms are hardly ever introduced.

Consortium agreements for research projects of the European Commission are managed in Brussels. Therefore Belgian law is often applicable to these contracts. As organisations from all European Union member states and associated countries are potential contracting parties, numerous basic questions about Belgian contract law and multiparty agreements in particular arise.Economic theory v.

property law: the numerus clausus problem. Add to My Bookmarks Export citation. Type Chapter Author(s) Bernard Rudden Page start Page end Is part of Book Title Oxford essays in jurisprudence, third series Author(s) John Bell, John Eekelaar Date Publisher Clarendon Press Pub place Oxford ISBN the numerus clausus reflects an attempt at optimal standardization based on the information costs inherent in “in rem” rights—those that cast duties on 1.

See generally BRAM AKKERMANS, THE PRINCIPLE OF NUMERUS CLAUSUS IN EUROPEAN PROPERTY LAW () (describing the arguments for and against a numerus clausus property.