Accessoriness in Property Law
PhD student: Dr K.E.C.T. Swinnen
Promotors: Prof V. Sagaert, Prof A.L.P.G. Verbeke
Duration: 1/10/2008 - 30/9/2012
PhD defence: Leuven, 18/6/2013
Accessoriness is often and in quite diverse legal situations appealed to. It has a whole range of manifestations and applications, to each of which several studies have been dedicated yet. The studies dedicated to accessoriness in its entirety, however, are rather scarce. As a result, the general principals which all manifestations and applications have in common, remain unrevealed. Therefore, the purpose of this doctoral thesis is producing a general theory of accessoriness, most known in the form of its consequence, namely that one good follows another good (accessorium sequitur principale). To reach that purpose, two questions of investigation need to be answered. (1) The first question of investigation concerns the possibility of formulating (a) characteristics which all accessories have in common and (b) which specifically distinguish them from all other non-accessory goods. (2) The second question of investigation concerns (a) the several ways in which an accessory can follow its principal and (b) what parts this following plays in Belgian and foreign law. The general theory of accessoriness produced by answering these two questions of investigation, will allow us to sharply circumscribe the boundaries of accessoriness and to take position in some doctrinal discussions. Examples are: the discussion on the accessory nature of the reservation of ownership, the question whether several newly created security rights are accessories or not, the feasibility of a general theory of qualitative rights and qualitative obligation based upon accessoriness, the uncertainty about the accessory nature of an arbitration clause, a penalty clause, etc. In addition to Belgian law, Dutch, French, German and English law will be investigated.
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