The law of real property in the European community : a comparative study

Gomes, JC

Abstract

This research is a response to suggestions by the various European
Community (EC) institutions that differences between the property law
regimes of the various member states represent an obstacle to further
European integration.
The EC is itself a legal entity having legislative powers. Within its areas of
competence it legislates on many social and economic issues and its
legislation is binding in the legal systems of its fifteen member states.
However, EC legislative powers are said to be ‘attributive’ in that
sovereignty ultimately resides with the members states. The EC is therefore
only competent to legislate in areas where the member states have invested
it with the necessary powers.
Specifically, in the context of this research, the EC has no competence to
legislate on matters related to property law. Article 295 of the EC treaty
(former Article 222) states that law-making powers in these areas remain
with the member-states.
The research examines the suggestion that certain features of some national
property law regimes are in conflict with the social and economic
aspirations of further European integration and investigates the regimes of
the fifteen member states in this context.
It adopts a comparative law methodology and seeks to identify similarities
and differences between the various regimes. The methodology utilises an expert from each of the states to produce a collection of national reports
which are then analysed within the thesis.

Citation

Gomes, J. The law of real property in the European community : a comparative study. (Thesis). University of Salford, UK

• Thesis Type: Thesis
• Deposit Date: Jun 8, 2009
• Publicly Available Date: Jun 8, 2009
• Additional Information: Additional Information : PhD supervisor: Paul Chynoweth
• Award Date: Dec 1, 2002