Bram Akkermans

Maastricht University | UM · Maastricht European Private Law Institute (M-EPLI)

This book is exceptional in the sense that it provides an introduction to law in general rather than the law of one specific jurisdiction, and it presents a unique way of looking at legal education. It is crucial for lawyers to be aware of the different ways in which societal problems can be solved and to be able to discuss the advantages and disad...

Rights play an important role in private law. The owner of a car that has been damaged unlawfully by someone else has a right against the tort-feasor to be compensated. The seller of a car has the right against the buyer of the car to be paid the price for which the car was sold. And, finally, the owner of a car has a right to the car itself. This...

The Maastricht University Research Based Learning (MaRBLe) project offered a unique but challenging opportunity to the Faculty of Law. Working with undergraduate students on research was already part of curricular teaching activities, but the number of students, and collaboration between students and students and staff involved in MaRBLe projects,...

In 1994 Rene de Groot and Steven Bartels published an article in Ars Aequi, a Dutch, completely student run journal, about the future of property law in the European Union. The Treaty of Maastricht had just entered into force and a new era in the European integration process was about to begin. Before any of the challenges brought with EU enlargeme...

Property law, that is, the law dealing with ‘rights against the world’ with regard to objects in that world, tangible and intangible, is traditionally a very nationally-oriented area of law. Property law, especially the ownership of land, forms the foundation upon which many other areas of law, such as tax law, environmental law and succession law...

Rights play an important role in private law. The owner of a car who has been damaged unlawfully by someone else has a right against the tortfeasor to be compensated (see Chap. 6 on Tort Law). The seller of a car has the right against the buyer of the car to be paid the price for which the car was sold (see Chap. 4 on the Law of Contracts). And, fi...

Rights play an important role in private law. The owner of a car who has been damaged unlawfully by someone else has a right against the tortfeasor to be compensated (see Chap. 6 on Tort Law). The seller of a car has the right against the buyer of the car to be paid the price for which the car was sold (see Chap. 4 on the Law of Contracts). And, fi...

This book is exceptional in the sense that it provides an introduction to law in general rather than the law of one specific jurisdiction, and it presents a unique way of looking at legal education. It is crucial for lawyers to be aware of the different ways in which societal problems can be solved and to be able to discuss the advantages and disad...

Property law systems diverge and there are many reasons for this. This does not only apply to common law and civil law systems (or Nordic or mixed legal systems), but basically for all systems of property law. Property lawyers can approach these differences with different methods. One of these methods is the comparative method, of which the functio...

Property law systems diverge and there are many reasons for this. This does not only apply to common law and civil law systems (or Nordic or mixed legal systems), but basically for all systems of property law. Property lawyers can approach these differences with different methods. One of these methods is the comparative method, of which the functio...

This book contains selected contributions from the third Young Property Lawyers Forum (YPLF) and the YPLF Masterclass 2012. It offers new perspectives on property theory, constitutional property law, and private law-property law. Under these headings, young and renowned property law scholars present their current research and offer an exciting look...

The influence of EU law on the law of property adds a vertical dimension to the otherwise horizontal dimension employed by comparative property lawyers. The traditional functional method can no longer answer the need for modern private law scholarship, especially not EU property scholarship. The traditional functional method is a descriptive method...

European Property Law is in development. In the last decades it has been a study of theory rather than of practice as it is usually considered too diverse and too much differing between countries to ever achieve meaningful results when trying to seek harmonisation. Recently, however, property law is moving to the center of the debate on the making...

Cases, Materials and Text on Property Law Edited by Sjef van Erp and Bram Akkermans This casebook presents a deep comparative analysis of property law systems in Europe (ie the law of immovables, movables and claims), offering signposts and stepping stones for the reader wishing to explore this fascinating area. The subject matter is explained with...

This book is the result of the second edition of the Young Property Lawyers Forum (YPLF), an informal network of young property law researchers. The YPLF aims to bring property law scholars together from around the world and enable them to discuss their work with each other and with more experienced researchers. This book contains the contributions...

The policies of the European Union (EU) do not always go hand in hand with the national policies of the Member States. Often there is tension, even a misfit, between the two. EU decision-making, or better, EU legislation already has many effects on the national legal orders in the Member States and from time to time creates problems at Member State...

The continuing and accelerating process of European integration impacts on European legal education, or ought to have its impact on our ideas about legal education in Europe. Although legal education in Europe is mainly national and usually conducted in the national language, there are initiatives that seek to break through the national barriers an...

The publication of the DCFR has renewed the discussion on the need for a European Property Law. The study published by Von Bar and Drobnig while the DCFR was prepared, underlines the inter-relatedness of contract and property. Nonetheless, the drafters of the DCFR have chosen to deal with specific aspects of property law only. At a European level,...

These are exiting times for European Private Law. In 2007 and 2008 the Study Group on a European Civil Code and the Research Group on Existing EC Contract Law presented the outline editions of the Draft Common Frame of Reference (DCFR), completed in 2009 with the full edition. Although the DCFR mainly concerns contract law, other fields of private...

In the EU there is an internal market in which there is free movement of goods. The effects of internal market law are very wide because of the focus on economic integration. Every aspect of national law is potentially subject to the influence of EU law. This includes the application of internal market law to areas of property law that is usually c...

These are turbulent times for European property law. After decennia of relative calm, the publication of the Draft Common Frame of Reference (DCFR), which includes three books with model rules on property law, provides new impetus to the debate. Now that, especially with the publication of the Green Paper on policy options for European Contract Law...

These are exiting times for European Private Law. In 2007 and 2008 the Study Group on a European Civil Code and the Research Group on Existing EC Contract Law presented the outline editions of the Draft Common Frame of Reference (DCFR), completed in 2009 with the full edition. Although the DCFR mainly concerns contract law, other fields of private...

When, at the end of 2007, the outline interim edition of the Draft Common Frame of Reference (DCFR) on European Contract Law was presented to the European Commission and at the beginning of 2008 to the European Parliament, the work of the joined network on European Private Law on the review of European Contract became public. From the very beginnin...

Research that has been conducted over the last decades shows that neither the scope of application nor the exact meaning of Article 345 TFEU (ex Article 295 EC) is clear from its wording. This article seeks to clarify its meaning through analysis of the drafting of the Article as well as the use of it by the EU's institutions and by the Member Stat...

In Comparative and European Property law, there is a clear need for studies into the fundamental basis of the legal systems in Europe. One part of this fundamental basis is the creation and extinction of property rights.1 One of the most interesting elements of this subject and the reason for this article is the idea of concurrence of the right of...

Research that has been conducted over the last decades shows that neither the scope of application nor the exact meaning of Article 345 TFEU (ex Article 295 EC) is clear from its wording. This article seeks to clarify its meaning through analysis of the drafting of the Article as well as the use of it by the EU’s institutions and by the Member Stat...

Not often has the case law of the CJEU been applied to property law. There are many more aspects of property law that could be influenced by case law of the CJEU. The four freedoms can influence property law. To a large extent, the free movement of goods and its effect on property law, especially retention of title, has been considered. Because pro...

These are exciting times for European private law. After many years of research the publication of the Draft Common Frame of Reference in the form of the interim outline edition of 2008 and, in particular, of the Outline Edition in 2009, is set to change the landscape of legal education in private law. Although many universities are likely to conti...

This is the presentation held prior to the defense of the PhD Thesis 'The Principle of Numerus Clausus in European Property Law' defended in Maastricht, the Netherlands, on 17 October 2008. It is customary in the Netherlands to hold a 15 minute presentation to the audience of colleagues, family members and friends, explaining the topic and content...

In order to develop a framework, which can form the basis for the development of a European property law this book seeks to provide a comparative analysis of property law from the perspective of four European legal systems, and of European law, focusing on the numerus clausus principle. The book offers theoretical insights on how substantive proper...