Description
Book SynopsisThis book extensively analyses obligations connected to property rights, or 'real obligations', in a comparative perspective through a study of Belgian, French, Dutch and Scots law. Examples of real obligations are the periodical payment obligation of a long lease holder, the maintenance of the property subject to a servitude and the financial contributions by apartment owners. A real obligation differs in several aspects from a personal obligation. A real obligation is for instance so closely connected to a property right that the obligation transfers automatically to the transferee of the property right. After defining real obligations and the exclusion of several related legal mechanisms in Part I, the regime of real obligations is analysed in Part II. The liability of both the transferor and transferee for real obligations, which are for many property rights underregulated, for instance, are analysed in detail. Those findings are applied to the specific property rights in Part III, so that particular problems for a specific property right are also analysed and, where possible, solved. For instance the role of party autonomy in the creation of a long lease right is studied. Also the different obligations which can be connected to a servitude are delineated. Part IV deals with legal mechanisms most of which have recently been introduced, allowing to connect obligations to a piece of property, outside the traditional framework of property rights, such as the Dutch 'qualitative obligation' and the French obligation reelle environnementale. The book ends with a discussion of the possibility and desirability of the (broader) introduction of such real obligations, which could entail the introduction of new property rights sui generis.
Table of ContentsContents (p. 0) Siel Demeyere Introduction (p. 1) Siel Demeyere Part I. Static dimension of real obligations: concept and sources Chapter 1. Property Law Scholarship (p. 23) Chapter 2. Constitutive Building Blocks of Real Obligations (p. 97) Chapter 3. Sources of Real Obligations (p. 129) Chapter 4. Exclusion of Other Contracts and Obligations (p. 167) Part II. Dynamic dimension of real obligations: liability for real obligations Chapter 1. Transfer of the Obligation with the Property Right (p. 191) Chapter 2. Abandonment (p. 267) Chapter 3. Liability for Real Obligations: Overarching Issues (p. 313) Chapter 4. Other Grounds for Extinction of Real Obligations (p. 341) Part III. Real obligations in the framework of coexistent property rights Section I. Proprietary relationship regarding one single (im)movable Chapter 1. Co-owner (p. 347) Chapter 2. Apartment Rights (p. 373) Chapter 3. Usufruct (p. 443) Chapter 4. Long Lease (p. 481) Chapter 5. Building Right (p. 543) Chapter 6. Droit reel de jouissance speciale in French Law (p. 569) Part III. Real obligations in the framework of coexistent property rights Section II. Proprietary relationship involving two immovables Chapter 1. Negative Obligations Between Two Pieces of Land: Servitude and Scottish Real Burden (p. 577) Chapter 2. Positive Obligations Between Two Pieces of Land (p. 643) Part IV. Autonomous real obligations Chapter 1. Autonomous Negative Obligations: Kwalitatieve verplichtingen (p. 681) Chapter 2. Autonomous Positive Obligations (p. 705) Chapter 3. The (Im)possibility and (Un)desirability of Autonomous Real Obligations (p. 733) Chapter 4. Conclusion (p. 755) General Conclusion (p. 759) Bibliography (p. 771)
