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Look Inside Time Limited Interests in Land

Time Limited Interests in Land

Part of The Common Core of European Private Law

Editors:
Cornelius Van Der Merwe, University of Stellenbosch, South Africa
Alain-Laurent Verbeke, Katholieke Universiteit Leuven, Belgium

Nicholas Carette, Raffaele Caterina, Edmund Coates, Eugenia Dacoronia, Paul Du Plessis, Hans Henrik Edlund, Magdalena Habdas, Dirk-Jan Maasland, Csongor Istvan Nagy, Sandra Passinhas, Oliver Radley-Gardner, Odile Roy, Jacobien Rutgers, Elena Sanchez Jordan, Judith Schacherreiter, Cornelius G. Van Der Merwe, Lars Van Vliet, Alain-Laurent Verbeke, Bart Verdickt, Michael Von Hinden, Peter Webster

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Date Published: June 2012
availability: Available
format: Hardback
isbn: 9781107026124

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About the Authors

A comprehensive comparative treatment of six instances of time-limited interests in land as encountered in fourteen European jurisdictions. The survey explores the commercial or social origins of each legal institution concerned and highlights their enforceability against third parties, their content and their role in land development. The commercial purpose of residential and agricultural leases is contrasted with the social aim of personal servitudes (and its common-law equivalent liferent) to provide sustenance for life to mostly family members making the latter an important estate planning device. Whereas the ingrained principles of leases and personal servitudes restrain the full exploitation of land, it is indicated that public authorities and private capital could combine to turn the old-fashioned time-limited institutions of hereditary building lease (superficies) and hereditary land lease (emphyteusis) into pivotal devices in alleviating the acute shortage of social housing and in promoting the fullest exploitation of pristine agricultural land.
- First extensive European research on the content and characteristic features of time-limited interests in land
- Highlights divergence in social policy to help readers understand how social justifications underlying different legal institutions can influence the principles ingrained in these institutions
- Underscores the important role the institutions of personal servitudes and lease can play in estate planning
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Reviews & endorsements
'The general editors and the contributors are to be commended for undertaking such a bold piece of work that can justifiably claim to be a go-to reference for the comparative study of time-limited interests in land, striking a balance between historical, domestic and comparative scholarship in a pragmatic manner.' Malcolm M. Combe, Zeitschrift fur Europaisches Privatrecht

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Product details
- Date Published: June 2012
- format: Hardback
- isbn: 9781107026124
- length: 576 pages
- dimensions: 236 x 160 x 30 mm
- weight: 1.04kg
- contains: 1 table
- availability: Available
Table of Contents
Part I. Introduction:
1. Setting the scene
2. General introduction
3. Historical evolution of the maxim 'sale breaks hire'
4. The many faces of usufruct
Part II. Case Studies
Part III. Concluding Remarks.
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Editors
Cornelius Van Der Merwe, University of Stellenbosch, South Africa
Cornelius Van Der Merwe read law at Bloemfontein and Oxford and obtained a LLD from the University of South Africa. He held chairs in Private Law at the Universities of South Africa and Stellenbosch, in Civil Law at the University of Aberdeen and is presently a Senior Research Fellow at the University of Stellenbosch. He is the main author of the South African 'Property and Trust Law' in the International Encyclopedia of Laws (Kluwer, 2002) and the co-editor of Introduction to the Law of South Africa (Kluwer, 2004).
Alain-Laurent Verbeke, Katholieke Universiteit Leuven, Belgium
Alain-Laurent Verbeke is Professor of Law at the Universities of Leuven and Tilburg, teaching contracts, property, estate planning, private international law, comparative law, negotiation and mediation. He is also a Visiting Professor of Law at Harvard Law School and at UCP Global School of Law, Lisbon. In addition to his teaching, he is also a founding partner with GREENILLE, a private client law firm with attorneys in Brussels and Antwerp and notaries and attorneys in Amsterdam and Rotterdam. He has vast experience in negotiating large inheritance, divorce and contract cases and is regularly acting as an arbitrator in national and international contract and inheritance cases.
Contributors
Nicholas Carette, Raffaele Caterina, Edmund Coates, Eugenia Dacoronia, Paul Du Plessis, Hans Henrik Edlund, Magdalena Habdas, Dirk-Jan Maasland, Csongor Istvan Nagy, Sandra Passinhas, Oliver Radley-Gardner, Odile Roy, Jacobien Rutgers, Elena Sanchez Jordan, Judith Schacherreiter, Cornelius G. Van Der Merwe, Lars Van Vliet, Alain-Laurent Verbeke, Bart Verdickt, Michael Von Hinden, Peter Webster