This book is the result of a comparative law conference on land burdens, which was held at the University of Maastricht in 2005, under the auspices of the research school Ius Commune. At the heart of the conference was the question, whether the law on land burdens (such as servitudes and qualitative duties) can be unified. Various legal systems were discussed: Austria, Belgium, England, France, Germany, the Netherlands, Scotland and the United States. The leading theme was whether civil law systems can learn from the Anglo-American experience. Particularly the American Law Institute's Restatement (Third) of Property, Servitudes offers an interesting model for unification.
This book contains the collected contributions to the conference. Most of the contributions discuss national legal systems. Furthermore, land burdens are discussed from a law and economics perspective. Also the question is asked whether the law on servitudes could also apply to chattels and could even be applied within the context of the Internet.
There are no separate chapters available for this publication.
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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.
The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.
Guidelines for the submission of a manuscript or proposal can be found here.
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).