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Property Law Reform, Sustainability and the Commons

Edited by: Vincent Sagaert, Dorothy Gruyaert, Marie-Laure Degroote, Kato De Schepper, Vincent Janssen, Flore Vavourakis

ISBN13: 9781839704512
Published: October 2024
Publisher: Larcier Intersentia Publishers
Country of Publication: Belgium
Format: Hardback
Price: £140.00



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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.

Subjects:
Property Law
Contents:
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