Advanced Property Law
Full course description
This course brings further deepening into comparative, European and global property law. During the course we collectively analyse the concept of property at three different levels: (1) property theory, (2) constitutional property law and (3) property doctrine. Using various themes such as the property law emanating from both positive and negative European integration, technological developments such as tokenization and blockchain and sustainable development, we will collectively deepen our knowledge and understanding of the role that property plays in our society. The course offers an introduction into ongoing global debates and will bring students into contact with work by and – when possible – scholars that are influential in the global debate on property.
In this approach the boundaries between private law and public law become blurred as the challenges ahead - such as moving towards sustainable land use, creating energy communities and providing housing solutions for new generations – require a more holistic approach. Prior knowledge in property law is appreciated but not strictly necessary as we will together explore how to approach and possibly answer grand challenges.
Course objectives
Upon completion of the course, students are able to:
- outline the basic historical development of property law in Europe;
- explain the leading values and principles, underlying policies and policy choices, fundamental concepts and basic rules used in the field of comparative property law;
- have knowledge and insight into the role that property law plays and can play in addressing large societal issues;
- assess various harmonization and reform attempts (with a focus on the European Union, but also worldwide) in the area of property law;
- evaluate the impact of new technological developments on European and global property law;
Prerequisites
None
Recommended prior knowledge
This is an advanced course for students who already have a basic knowledge of (national and/or comparative) property law. If this basic knowledge is lacking, additional self-study – for which assistance will be given – is needed to acquire such knowledge.
Recommended reading
Obligatory literature
Sjef van Erp and Bram Akkermans (eds.) with the collaboration of Alexandra Braun, Monika Hinteregger, Caroline Lebon, Michael Milo, Vincent Sagaert, William Swadling and Lars van Vliet, Ius Commune Casebooks for the Common Law of Europe, Text and Materials on Property Law (Oxford: Hart Publishing 2012) More information about the casebook project can be obtained at http://www.casebooks.eu.
Recommended literature
- A. Hartkamp (and others) (eds.), Towards a European Civil Code, (Ars Aequi Libri/Kluwer Law International, Nijmegen/The Hague) – latest edition;
- L.P.W. van Vliet, Transfer of movables in German, French, English and Dutch law (Ars Aequi Libri, 2000);
- F.H. Lawson/B. Rudden, The Law of Property (Oxford University Press, Oxford) – latest edition;
- U. Mattei, Basic principles of property law, A comparative legal and economic introduction (Contributions in Legal Studies, No. 93; Greenwood Press, 2000);
- References to articles and further materials are provided for each subject separately. Students will be offered the necessary assistance in finding these materials.