Comparative law and the quest for optimal rules on the transfer of movables for EuropeThis contribution is based on a lecture at the conference The use of the Functional Method in European and Comparative Property Law (Maastricht, 27 June 2011).

2013 ◽  
Vol 2 (1) ◽  
Author(s):  
Arthur F. Salomons
Keyword(s):  
Comparative Law ◽  
Functional Method ◽  
Property Law ◽  
Comparative Property

The Proprium of Property Law

2021 ◽  
Vol 10 (2-3) ◽  
pp. 241-262
Author(s):  
Jan Felix Hoffmann
Keyword(s):  
Property Rights ◽  
Comparative Research ◽  
State Of The Art ◽  
Static Field ◽  
Point Of View ◽  
Property Law ◽  
New Developments ◽  
Absolute Property ◽  
Classical Property ◽  
Comparative Property

Abstract Classical property law is not only losing economic relevance with the progressing dephysicalization of economic processes but is also increasingly perceived as a static field of private law, pursued by specialized lawyers working with rather inaccessible national concepts and dogmas that seem to have no significant relevance for the development of a digital economy. The mostly codification-driven comparative research on property law continues in the tradition of national property law codifications primarily addressing tangible objects. The research on property law should not restrict itself to this rather pragmatic approach, because in the end this arbitrarily delimits the concept of property law and reinforces the impression of classical property law only dealing with tangibles. Comparative property law should look beyond issues of codification and address the question of what is the essence of property law. Property law deals with the erga omnes effects of rights. It therefore not only addresses full-fledged property rights over movables or immovables but also covers partially absolute rights over these assets on the threshold to contract law. Property law also addresses absolute rights with regard to intangibles. This awareness should on one hand demand from any discussion on creating new (partially) absolute property rights to take notice of the state of the art of current (comparative) property law. It should on the other hand incite classical property lawyers to take part in these debates and to question the traditional concepts and principles in light of the new developments. Classical institutions of property law should be reconsidered from this point of view.

Comparative Property Law

2017 ◽  
Author(s):  
Michele Graziadei ◽  
Lionel Smith
Keyword(s):  
Property Law ◽  
Comparative Property

The Comparative Method

2019 ◽  
pp. 87-200
Author(s):  
Uwe Kischel
Keyword(s):  
Comparative Studies ◽  
Comparative Method ◽  
Comparative Law ◽  
Fundamental Principle ◽  
Functional Method ◽  
Individual Comparison ◽  
Essential Components ◽  
Classic Form ◽  
Straightforward Approach

This chapter examines the methods used in comparative law. Today, functional comparison is considered the classic form of comparative law. The vast majority of comparative studies follow this method and the quality of any given comparative law study is often judged according to its principles. According to Zweigert and Kötz, the fundamental principle of comparative law is functionalism, according to which only law which fulfills the same function can be compared. At its core, this straightforward approach provides an exemplary description of the essential components of any individual comparison between two developed legal systems. However, attacks on the functional method has been increasing for decades. The chapter then describes these critiques and the alternatives they propose.

Structure and style in comparative property law

2016 ◽  
pp. 131-160 ◽  
Author(s):  
Yun-chien Chang ◽  
Henry E. Smith
Keyword(s):  
Property Law ◽  
Comparative Property
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