This casebook presents a deep comparative analysis of property law systems in Europe (ie the
law of immovables movables and claims) offering signposts and stepping stones for the reader
wishing to explore this fascinating area. The subject matter is explained with careful
attention given to its history foundations thought-patterns underlying principles and basic
concepts. The casebook focuses on uncovering differences and similarities between Europe's
major legal systems: French German Dutch and English law are examined while Austrian and
Belgian law are also touched upon. The book combines excerpts from primary source materials
(case law and legislation) and from doctrine and soft law. In doing so it presents a faithful
picture of the systems concerned. Separate chapters deal with the various types of property
rights their creation transfer and destruction with security rights (such as mortgages
pledges retention of title) as well as with harmonising and unifying efforts at the EU and
global level. Through the functional approach taken by the Ius Commune Casebooks this volume
clearly demonstrates that traditional comparative insights no longer hold. The law of property
used to be regarded as a product of historical developments and political ideology which were
considered to be almost set in stone and assumed to render any substantial form of
harmonisation or approximation very unlikely. Even experienced comparative lawyers considered
the divide between common law and civil law to be so deep that no common ground - so it was
thought - could be found. However economic integration in particular integration of financial
markets and freedom of establishment has led to the integration of particular areas of
property law such as mortgage law and enforceable security instruments (eg retention of title).
This pressure towards integration has led comparative lawyers to refocus their interest from
contract tort and unjustified enrichment to property law and delve beneath its surface. This
book reveals that today property law systems are closer to one another than previously assumed
that common ground can be found and that differences can be analysed in a new light to enable
comparison and further the development of property law in Europe.
