« The Transfer of Real Property in French Legal History : Between the Consensualist Principle and Formalities »

Publication de Laurent Pfister, in : M. Schmoeckel (dir.), Übertragung von Immobilienrechten im internationale Vergleich — Conference on real property law and land register, Baden-Baden, Nomos, (Schriften zum Notarrecht, vol. 52), 2018, p. 157-191

Présentation de l’éditeur

Abstract :

The transfer of land presupposes the existence of highly abstract legal structures. A comparative analysis of the presentations given during an international conference in Bonn points to the essential differences between the different systems. Specialists in this subject can be legal experts, but this is not the case everywhere. Alt-hough registers of land and property have existed since ancient times, they have not been implemented eve-rywhere either. Even the expectations of such registers differ from country to country : in Austria they are valued as a means of comprehensive state control and legal guarantees, while in England they are seen as a way of preventing state interference. As a result of such cultural differences, even access to these registers is completely different : surprisingly, for example, Estonia offers comprehensive access to such registers via the internet, which means that everyone can have access to the financial circumstances of others. The overview provided by this book of such specifications in different countries, most of which are European, reveals how little uniformity there is in this respect, even at its roots. What prevail are mostly old, heterogeneous traditions that have never been disputed, which has resulted in an abundance of functioning models.

With contributions by

Mathias Schmoeckel, Managing Director of the Rhenish Institute for Notary Law | Vincent Nossek, Rhenish Institute for Notary Law, University of Bonn | Dirk Heirbaut, Institute of Legal History, University of Ghent | Peter Sparkes, Professor for Property Law, University of Southampton | Mark Jordan, University of Southampton | Arzu Oguz, Department of Comparative Law, University of Ankara | Gerald Kohl, Institute of Legal and Constitutional History, University of Vienna | Laurent Pfister, Institute of Legal History, Panthéon-Assas University Paris | Heikki Pihlajamäki, Institute for Comparative Legal History, University of Helsinki | Marju Luts-Sootak, Institute for Comparative Legal History, University of Tartu | Priit Kama, Ministry of Justice, Tallinn | Federico Roggero Institute of Medieval and Modern Legal History, University of Teramo

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