Property and Trust Law in the Netherlands

Author: Arthur Salomons
Publisher: Kluwer Law International
ISBN: 9789041187543
Published In: April 2017
Format: Paperback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in the Netherlands deals with the issues related to rights and interests in all kinds of property and assets – immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure.

An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions.

Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in the Netherlands will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.

The Authors
List of Abbreviations
General Introduction
Dutch Property Law: Introduction
Part I. Immovable and Movable Property – Ownership
Chapter I. Ownership
Chapter 2. Co-ownership, community and Apartment Rights
Chapter 3. Fiduciary Ownership
Part II. Immovable and Movable Property – Rights to Use
Chapter 1. Usufruct
Chapter 2. Easements
Chapter 3. Leasehold
Chapter 4. Superficies
Part III. Acquisition
Chapter 1. Accession, Confusion and Specification
Chapter 2. Prescription
Chapter 3. Transfer
Chapter 4. Good Faith Acquisition a Non Domino
Chapter 5. Reservation of Title
Chapter 6. Acquisition by Successor
Chapter 7. Finding, Occupation, Fruits, Treasure
Part IV. Security Rights
Chapter 1. Introduction
Chapter 2. The Dutch system of Priority Ranking
Chapter 3. Absolute Security Rights
Chapter 4. Privileges
Chapter 5. Other Forms of Actual Priority/Title Finance
Chapter 6. Fiduciary Ban (Fiduciaverbod)
Selected Bibliography
Index