The Law of Real Property in The European Community

PhD thesis

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Publication Details

Subtitle: A Comparative Study
Author list: Caramelo Gomes, J.L.
Publisher: University of Salford
Publication year: 2002
Languages: English-Great Britain (EN-GB)


This research is a response to suggestions by the various European Community (EC) institutions that differences between the property law regimes of the various member states represent an obstacle to further European integration. The EC is itself a legal entity having legislative powers. Within its areas of competence it legislates on many social and economic issues and its legislation is binding in the legal systems of its fifteen member states. However, EC legislative powers are said to be ‘attributive’ in that sovereignty ultimately resides with the members states. The EC is therefore only competent to legislate in areas where the member states have invested it with the necessary powers. Specifically, in the context of this research, the EC has no competence to legislate on matters related to property law. Article 295 of the EC treaty (former Article 222) states that law-making powers in these areas remain with the member-states. The research examines the suggestion that certain features of some national property law regimes are in conflict with the social and economic aspirations of further European integration and investigates the regimes of the fifteen member states in this context. It adopts a comparative law methodology and seeks to identify similarities and differences between the various regimes. The methodology utilises an expert from each of the states to produce a collection of national reports which are then analysed within the thesis.
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European Union Law, Law


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Last updated on 2019-10-08 at 00:30