PhD student: Mr W. Loof

Promotor: Prof.em. J.H.M. van Erp

Duration: 1/9/2010 - 31/8/2014

PhD defence: Maastricht, 19/12/2016

Abstract:

Classical 19th century civil law approach towards ownership was static and formalistic. Developments in French and German law show, however, that this approach is changing. Ownership is becoming a flexible tool. By limiting owners rights through contract law, the contractual arrangements can, in fact, be so strong that the formal non-owner may be characterized as economic owner. Such economic ownership puts pressure on the classical civil law approach, thus bringing the civil law closer to the flexible common law perception of ownership. Contractualisation of civil law ownership is thus a necessary step towards developing a European property law.