What is Property Law?

22 Pages Posted: 17 Apr 2015 Last revised: 23 Apr 2015

Date Written: April 15, 2015

Abstract

This article addresses a core question in property theory, namely 'What is property law?'. This question does not yet seem to have received the attention in academic discourse that it deserves, so by tackling this question the article aims to make a contribution to this aspect of the academic debate on property theory. The article provides an initial answer to the question of what property law is. It does so in five steps: (i) it asks why the question is a valid one in the first place; (ii) it presents an abstract model outlining the building blocks of property law; (iii) it discusses how to separate property law from other, adjacent fields of law; (iv) it investigates the possible application of the abstract model presented at step ii to 'new' property interests that have developed outside the realm of private law property law; (v) and it analyses the impact which developments in EU law have on the main question of what property law is. Given the broad and complex nature of the question the article can also be seen as a research agenda setting the tone for subsequent research into this topic.

Note: Please note that this is a working paper and may be subject to (minor) changes.

Keywords: property theory; property law; property rights/interests; objects of property

JEL Classification: K11

Suggested Citation

Ramaekers, Eveline, What is Property Law? (April 15, 2015). Available at SSRN: https://ssrn.com/abstract=2594790 or http://dx.doi.org/10.2139/ssrn.2594790

Eveline Ramaekers (Contact Author)

Amsterdam Law School ( email )

Amsterdam, 1018 WB
Netherlands

M-EPLI ( email )

P.O. Box 616
Maastricht, NL-6200 MD
Netherlands

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