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Property Law Reform, Sustainability and the Commons

Property Law Reform, Sustainability and the Commons

Author: Vincent Sagaert; Dorothy Gruyaert; Marie-Laure Degroote; Kato De Schepper; Vincent Janssen; Flore Vavourakis
Publisher: Larcier Intersentia Publishers
ISBN: 9781839704512
Published In: October 2024
Format: Hardback
Jurisdiction: Belgium ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,862.00

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Description
Contents

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This book is the outcome of the international conference ‘Property law reform, sustainability and the commons’, which was hosted by the Institute for Property Law at the Faculty of Law and Criminology of KU Leuven in March 2023. The occasion of this conference was the holistic and innovative Belgian property law reform, which is part of the larger establishment of a brand new Belgian Civil Code. The goal of the conference, and hence of the book, was to engage with (both junior and more senior) property law experts from different legal systems to critically assess this Belgian property law reform from an international perspective by comparing it to other, recent and not so recent, property law reforms.

Apart from the Belgian property law reform, the last few decades also marked the reform of the Chinese Civil Code (2020), the Argentinian Civil Code (2015), the Civil Code of Hungary (2013), the Romanian Civil Code (2009), and others. The authors shed light on whether and to what extent recent property law reforms are different from the earlier generation of law reforms of the second half of the 20th century, such as the Dutch Civil Code (1992) and the Quebec Civil Code in terms of sustainability and the commons. The authors address whether the property law reforms provide an answer to the societal challenges of the early 21st century. Is property law future-proof and can it serve as a tool to foster a more sustainable society and to protect natural resources? These questions are dealt with in this book.

PART I. PROPERTY LAW REFORM IN CONTEXT

Reforming Ownership: From Private, through Communal, to Public Property

Magdalena Habdas

Globalization through the Recodification of Property Law?

Amnon Lehavi

Ownership, the (Anti-)Commons and Recodification: A Continuous Pendulum

Vincent Sagaert

Property Law Reform and the Registration of Property Transfer in Land. A New Approach to the Indefeasibility of the Immovable Properties’ Transactions

Nasrin Tabatabai Hesari, Soroush Safizade

PART II. PROPERTY LAW AND SUSTAINABILITY

In Search for Sustainable Property Relations

Bram Akkermans

Neighbourhood as Micro-Environment in the Recodification of Property Law

Zsa-Zsa Boggenpoel

Sustainability as a Rule of Conduct in the Recodification of Property Law

Dorothy Gruyaert

Condominium Law and the Energy Transition. A Case Study of Rooftop Solar PV under Dutch law

Sjoerd Kalisvaart, Yassine Hasnaoui

Priority Rule under Pressure? A Contribution on the Priority Rule, Change in Priority, the Principle of Reasonableness and Fairness and the Abuse of Rights – All in Light of the Achievement of Sustainability Goals

Ellen Maathuis

PART III. PROPERTY LAW AND THE COMMONS

Economy versus Law. The Need to Consider the Environment as a Common Good within the EU

Luna Aristei

Legal Control over Behavioural-Generated Data. Shading Its Non-rivalrous Nature

Stijn Debie

Environmental Commons in Belgian Property Law

Vincent Janssen, Kato De Schepper

The “Rights of Relations” Between Human and Seeds. An Ecological and Ontological Approach of the Legal Property Regime Complex of Seeds

Pierre Walckiers

Marine Genetic Resources in Areas Beyond National Jurisdiction. A New Governance Model for these Ocean Commons?

Maria Carro-Pitarch