The Transparency Principle in European Property Law
PhD student: Mrs A. Berlee
Promotor: Prof J.H.M. van Erp
Duration: 1/9/2011 - 31/8/2015
PhD defence: Maastricht, 2/3/2018
One of the main distinguishing features of property rights as opposed to personal rights is their possibility to bind third parties. The justification for the ability to bind third parties, is that third parties are adequately informed about the existence and content of such a right. They must be public (Publicity) and it must be clear as to which object they relate (Specificity). This is laid down by the transparency principle. Legal reality however is somewhat different, and exceptions to the principle are plentiful. The research is aimed at discovering the nature of transparency, the extent of its existence in five Member States of the European Union and what that means for a (possible) EU autonomous transparency principle.