Protection of Immovables in European Legal Systems (The Common Core of European Private Law)
Cambridge University Press, 9/11/2015
EAN 9781107121928, ISBN10: 1107121922
Hardcover, 536 pages, 22.9 x 15.2 x 3 cm
Language: English
Originally published in English
How should a landowner respond when a squatter occupies their land? This book discusses the issues focussing on vindicatio, possessory remedies and trespass, but also explores administrative procedures for their removal. In many cases, these actions derive from Roman laws, which are expertly explored in an introductory chapter. Also included is a chapter exploring human rights interventions in such actions. Twelve case studies offer an extensive and comparative analysis across sixteen European jurisdictions. The basic defendants covered are squatters taking over a home, environmental protesters, licensees and former tenants. The case studies include, amongst others, self-help; restitution; competing claims to ownership (and the relevance of registration systems to claims to ownership); adverse possession; neighbours; nuisance and encroachment.
Part I. Introduction and Content
1. A common core to the protection of immovable? Peter Sparkes and Sonia MartÃÂn Santisteban
2. Actions in Roman and civil law for the protection of immovables Frits Brandsma
3. Fundamental rights in actions to protect immovables Sandra Passinhas
Part II. The Case Studies.