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Property Law Reform, Sustainability and the Commons

Book | 1st edition 2024 | Europe, United Kingdom | Vincent Sagaert, Dorothy Gruyaert, Marie-Laure Degroote, Kato De Schepper, Vincent Janssen, Flore Vavourakis
Description

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.

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  • Strada lex Belgium

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Technical info
More Information
Type of product Book
Format Hardback
EAN / ISSN 9781839704512
Series name Property Law Series
Weight 600 g
Status Available
Number of pages 350 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Nov 5, 2024
Available on Strada Belgique Yes
Available on Strada Europe No
Available on Strada Luxembourg No
Chapters

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  • Table of contents and preliminary pages
  • 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
  • Water Rights and Recodification. Lessons from Chile
    Jill Robbie, Pedro Cisterna Gaete
  • Ownership of Underground Resources in Iceland. New Issues and Challenges
    Víðir Smári Petersen
  • To Whom Belongs the Water? Someone, No One and Everyone Appropriating Freshwater in the Low Countries
    Flore Vavourakis, Marie-Laure Degroote