9781139206709 (ebook) 9781107026124 (hardback)
Common core of European private law.
A comprehensive comparative treatment of six instances of time-limited interests in land as encountered in fourteen European jurisdictions. The survey explores the commercial or social origins of each legal institution concerned and highlights their enforceability against third parties, their content and their role in land development. The commercial purpose of residential and agricultural leases is contrasted with the social aim of personal servitudes (and its common-law equivalent liferent) to provide sustenance for life to mostly family members making the latter an important estate planning device. Whereas the ingrained principles of leases and personal servitudes restrain the full exploitation of land, it is indicated that public authorities and private capital could combine to turn the old-fashioned time-limited institutions of hereditary building lease (superficies) and hereditary land lease (emphyteusis) into pivotal devices in alleviating the acute shortage of social housing and in promoting the fullest exploitation of pristine agricultural land.
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Formatted Contents Note
pt. 1. Introduction and context. Setting the scene ; General information ; Historical evolution of the maxim "sale breaks hire" ; The many faces of usufruct pt. 2. Case studies. Various instances of time-limited interests ; What happens if land subject to a time-limited interest is conveyed to a third party? ; What happens if land subject to a time-limited interest is attached in execution of a debt or the landowner becomes insolvent? : Does a previously registered mortgage rank above a subsequently constituted time-limited interest? ; What happens if the holder of a time-limited interest is dispossessed? ; Duty of the holder of a time-limited interest to repair, replace and renew ; Entitlements of the holder of a time-limited interest to fruits of agricultural property ; To what extent may the holder of a time-limited interest convert his/her interest in the land? ; Remedies of the landowner against misconduct by the holder of a time-limited interest ; To what extend can a time-limited interest be sold or donated, burdened with a mortgage or a separate limited right, attached in execution proceedings and included in the holder's insolvency assets? ; Use of time-limited interests in land for land development ; The effect of an option to purchase and an obligation to maintain in land development ; Development of an existing building and land development by a public institution pt. 3. Concluding remarks. [Cases 1-12] ; Modern significance of time-limited interests in land Appendix. The importance of the various time-limited interests in land and individual jurisdictions.