Eveline Ramaekers, ‘What is Property Law?’

Property law scholars have been dealing with a number of key doctrinal questions concerning property law since the first time someone pointed at something and claimed: ‘This is mine!’ This scholarship has included questions such as: What are property rights? What kind of things can we have property rights in? What role can property law play in shaping our society? But one question that seems to have drawn less attention than the others is: What is property law? This article places the question of what property law is into the limelight. It tackles this question in four 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; and (iv) it analyses the impact that developments in EU law have on the main question of what property law is.

Eveline Ramaekers, What is Property Law?, Oxford Journal of Legal Studies, Volume 37, Issue 3, 1 September 2017, Pages 588–617, https://doi.org/10.1093/ojls/gqw032.

First posted 2017-08-31 12:59:40

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