Property Law China EU Law School

Classical model of private law I. Summary previous lecture II. Today’s topic: The “classcial” model of private law Basic values (with focus on property law) Elements of the model Contract, tort, unjust enrichment Property Leading principles Ground rules Technical rules

Classical model of private law The “classical” model of private law (1) 19th century Europe After the French Revolution Before the rise of Marxism Industrial Revolution Nation-states European states as colonial powers

Classical model of private law The “classical” model of private law (2) Legal and political-philosophical views: (Written) constitutions: sharing of power Ideological framework: Egalité, liberté, fraternité Autonomy of the individual Central role of the will Continent: codification U.K.: stare decisis

Classical model of private law The “classical” model of private law (3) Contract: “meeting of the minds” Filters to check an indvidual’s will Limited check on content Good faith limited to performance and enforcement A contract, once concluded, is binding, irrespective of changed circumstances

Classical model of private law The classcial model of private law (4) Property (1): Focus on land Continent: rejection of the feudal system (no positive burdens for third parties) Strict separation between contract/tort (“obligations”) and property Limited role of good faith

Classical model of private law The classical model of private law (5) Property (2): Maximum right (“ownership”) as expression of autonomy and freedom Maximum rights and limited rights

Classical model of private law The classcial model of private law (6) Property (3): Leading principles: Numerus clausus Number Content Transparency Specifity Publicity

Classical model of private law The classcial model of private law (7) Property (4): Ground rules: “Nemo dat” (“nemo plus”) Potior iure (exception: ownership) Limited rights have priority over “fuller” rights Special protection (“revindicatio”)

Classical model of private law The classical model of private law (8) Property (5): Technical rules “Ownership” v. “freehold”, “title” Systems of transfer