1. Property Law
China EU Law School

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

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

9. 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”)

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