LFU:online

By the end of the course, students will be able to compare a wide array of issues of property law in civil (French, Spanish, Italian, Austrian and German law) and common law systems (English law). Students interested in property law and in transnational estate planning will benefit from an understanding of some of the main differing property law legal systems in Europe

1. What is property law? Theories and terminology

-        Concept of property law: classic approaches, modern approaches

-        Terminology and the use of English

-        Importance of understanding the history of property law: a brief outlook

2. Types of property rights

-        Numerus clausus and numerus apertus doctrines

-        Types of property rights in civil law legal systems. Special reference to ownership and constitutional property law.

-        Types of property rights in common law legal systems.

3. The protection of property rights

-        Civil Law: Possession and possessory claims; protection of ownership

-        Common Law: Land; goods.

4. Security interests

-        Types of security rights

-        Common features of security rights

-        Rights of pledge

-        Security rights in immovable assets: hypothec and mortgage (main features, priority ranking and realisation or execution)

 5. Creation of property rights

-        Accession

-        Acquisitive prescription

6. Transfer of property rights and land register

-        Main transfer systems in Europe

-        Transfer or property rights in land and land register: Germany and Austria; English Law; French Law; Italian Law; Spanish Law.

Lectures, Discussions, Seminars

oral participation, essays on specific topics/case law

Available on OLAT

The course will be taught in English