Contents of Real Rights

Bartels, S. ; Milo, M.
Pages: 160 pages
Shipping Weight: 350 gram
Published: 07-2004
Publisher: WLP
Language: US
ISBN (softcover) : 9789058500809

Product Description

This book is the result of the fruitful co-operation within the framework of the Ius Commune research school.

It analyses the determination of the real rights’ content in four jurisdictions: Belgium, The Netherlands, Scotland and South-Africa, and is of direct importance to practioners in land law. Steven Bartels and Michael Milo introduce the subject from the perspective of the numerus clausus principle.

Several problems concerning the real rights will be discussed. For example if A owns a(n) piece of land and intents to create a long lease (a property right) in favour of B, which rights and duties are A and B allowed to comprise in the long lease? And May A and B agree on a specific use, on upkeep, repair or even construct? These rights and duties would be binding on A and B, but whether these would also bind subsequent owners and lessees depends on whether these rights and duties are part of the long lease itself. The criteria to determine this so-called content of real rights are rather vague however, and connect to the numerus clausus principle.