Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-x5gtn Total loading time: 0 Render date: 2024-05-28T08:57:40.449Z Has data issue: false hasContentIssue false

Preface

Published online by Cambridge University Press:  22 December 2020

Get access

Summary

This book includes the conference proceedings of a conference in September 2019 in Leuven. The Institute for Property Law of the University of Leuven had the opportunity to welcome numerous authoritative legal scholars to debate on the impact of sustainability challenges on the crossroads between contract and property. While environmental issues, and more broadly sustainability, are often conceived as a matter of public law, if a matter of law at all, in recent years, also private law aims to join in. More fundamentally, environmental law could challenge the main division in private law, the division between contract and property. Fundamental rules of traditional private law, with strong historical roots, such as the privity of contracts, the closed system of property rights, the praedial rule with regard to servitudes, etc. are under pressure. The contributions of this book therefore are situated at the point of encounter of at least three fields of law: environment, contract and property. Very often, a fourth field of law joins this encounter: the constitutional protection of ownership plays a major role in the described challenges. The contributions in this book are on the one hand, careful analyses of national laws, and on the other hand, more general views on the interplay between property law and sustainability.

Vincent Sagaert provides in his contribution ‘Property Law, Contract Law and Environmental Law: shaking hands with the (historical) enemy’ a general historical and theoretical glance on the development of the fields of law at stake, with property law as the hinge of the analysis. Environmental law and property law are born enemies, but have developed towards a gradual conversation during the last decades. Within private law, contract law and property law were living more apart than together for historical reasons. The contribution demonstrates how this has changed over the decades, and how environmental law even strengthens this development.

Bram Akkermans discusses ‘Sustainable Obligations in (Dutch) Property Law’ and frames the current developments in a broader framework of property theory, especially the Human Flourishing Theory, which could provide a basis for further going change. He illustrates this with a discussion of the Dutch qualitative obligation (kwalitatieve verbintenis).

Type
Chapter
Information
Publisher: Intersentia
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×