Fluidity of Ownership and the Tragedy of Hierarchy. A Sign of a Revolutionary Evolution?

If civil lawyers remain thinking within the existing inherited paradigm of one uniform primary right (buttressed by the numerus clausus and transparency principles) and a strict hierarchy between this primary right, secondary (and tertiary) rights, property law will alienate itself from the existing reality. That reality shows changes caused by far reaching, socio-economic and technical developments. One of the emerging consequences is that ownership is getting into a state of flux and is becoming fluid, a development that is now also beginning to affect other property rights. In order to find answers to the problems caused by this fluidity a procedural approach to this substantive change is offered