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Property Law: Beyond Dogmas? by Vincent Sagaert is a Social Sciences article available to read on EtoBox.

What is Property Law: Beyond Dogmas? about?

Property law is, in general terms, often not the most attractive course for law students. The reason is obvious: it requires technical-abstract thinking on the basis of traditional dogmas which, at first sight, are difficult to capture or to understand for law students and often also for legal scholars. The closed system of property rights, the transparency principle, exclusivity of ownership, priority in case of insolvency, causal-abstract transfer, etc. are the fruit of abstract thinking in legal developments, often based on underlying principles which are difficult to assess (legal-economic and legal-historical arguments). These 'property dogmas' not only make property law harsh to get acquainted with, it also complicates the dialogue between property law and other fields of law. Property law is often considered and taught separately from contract law, family law, company law, tax law, public law, etc. Interaction between property law and the surrounding areas of law would be much easier if property law would take a more functional approach, leaving aside doctrinal complexity which has no connection with these other fields of law. A 'functionalization' of property law would enha

Who reads Property Law: Beyond Dogmas??

Author

Vincent Sagaert

Publisher

Walter de Gruyter GmbH

Published

2017

Field

Social Sciences