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European and National Property Law: Osmosis or Growing Antagonism?Author: Sjef van Erp, Professor of Civil Law and European Private Law at Maastricht University, December 2006, 33p. Binding: brochure. ISBN: 978-90-76871-74-5. Price: €15, $25. Series: Walter van Gerven Lectures (6). Language: English. |
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About the Sixth Walter van Gerven LectureThe sixth van Gerven Lecture “European and National Property Law: Osmosis or Growing Antagonism?” has been delivered by Prof. Dr. Sjef van Erp on 21 December 2006. Sjef van Erp is Professor of Civil Law and European Private Law at Maastricht University. Until October 2006 he was Marie Curie Fellow at the Centre of European Law and Politics (ZERP) in Bremen. He is President of the Netherlands Comparative Law Association, board member of the International Association of Legal Science and co-founder and Editor-in-Chief of the Electronic Journal of Comparative Law. He was visiting professor at the Université Laval, Cornell University and Trento University and conducted research in Cambridge, Berkeley, Quebec, Harvard, Osnabrück and Hamburg. He is also Deputy Justice at the Court of Appeal of ‘s-Hertogenbosch. His research focuses on comparative and European private law and the comparison of the American federal experience with European integration.
His lecture examines the relationship between European and National Property Law. One of the pillars of the economic constitution of the EU is what might be called “freedom of property”. It is, however, not really clear what is meant by “property” and “property rights” in a private law sense. How can property rights or, rights against the world be defined at a European level? A search for common policies, principles, concepts and rules is badly needed. In the lecture a research map is drawn in which problem areas are presented as well as some suggestions are made as to where this search could lead to, taking the work on the Ius Commune Casebook “Property Law” as a starting-point. For indeed, under the surface of the differing rules, European property law systems seem to share several leading policies and principles, although existing differences should also not be ignored. |
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The sixth van Gerven Lecture was organised in cooperation with the Ius Commune Research School. The School unites legal scholars from the law faculties of Leuven, Maastricht, Utrecht and Amsterdam. The Lecture closed an international colloquium on “The Bottom-Up Approach to Comparative Law”. |
Europa Law PublishingPO Box 6047 |
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