Description

This book is the result of a comparative law conference on land burdens, which was held at the University of Maastricht in 2005, under the auspices of the research school Ius Commune. At the heart of the conference was the question, whether the law on land burdens (such as servitudes and qualitative duties) can be unified. Various legal systems were discussed: Austria, Belgium, England, France, Germany, the Netherlands, Scotland and the United States. The leading theme was whether civil law systems can learn from the Anglo-American experience. Particularly the American Law Institute's Restatement (Third) of Property, Servitudes offers an interesting model for unification.

This book contains the collected contributions to the conference. Most of the contributions discuss national legal systems. Furthermore, land burdens are discussed from a law and economics perspective. Also the question is asked whether the law on servitudes could also apply to chattels and could even be applied within the context of the Internet.