Restating property law: Does looking behind exclude looking ahead?

Autor: van Erp, Sjef
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Zdroj: European Property Law Journal; Dec2022, Vol. 11 Issue 3, p129-132, 4p
Abstrakt: The American Law Institute (ALI) has been working on a new Restatement on Property since 2015, aiming to provide clear formulations of common law and its statutory elements. In contrast, the European Law Institute (ELI) has been hesitant to address property law due to its political sensitivity and legal diversity within Europe. The current Restatement project seeks to make property law more accessible to practitioners and is led by Harvard Law School professor Henry Smith. While the project focuses on traditional legal areas, there is a growing need to address new and challenging problems, such as rights regarding digital assets. The author suggests that Europe should consider providing answers to these issues, potentially through legislative packages on topics like tokenization of immovable property. [Extracted from the article]
Databáze: Complementary Index