In dit artikel bespreek ik de derde aanpassing van het Nederlandse huwelijksvermogensrecht. Deze herziening is van toepassing op alle personen die gehuwd zijn zonder huwelijkscontract.Ik focus op vier aspecten:- gemeenschap beperkt tot huwelijkse aanwinsten;- zaakvervanging en vergoeding;-...

Over time, the necessary economic reforms have become so obvious that they have become politically possible in most places. The great problem has become the establishment of real property rights. By and large, Central and Eastern Europe have managed to accomplish that not least thanks to support...

This paper proposes two hypotheses on the publicity requirement and the limitations of possession to provide information for legal titling. It then tests these hypotheses by examining how legal systems deal with possession in movable and immovable property, and comparing actual and documentary...

This paper discusses a series of ECJ judgments on national mortgage enforcement proceedings in light of the Directive on Unfair Terms in Consumer Contracts. According to the Court, national courts must be able to provide interim measures suspending mortgage enforcement proceedings, thereby...

As a consequence of the enormous amount of gold and silver coming from the overseas territories of the Spanish empire, the Spanish scholastics identified the causal relationships which are responsible of the economic growth as private property, contracts, public budgets, fiscal policy,...

This article develops and tests a theory of the institutions that make property rights viable, ensuring their enforcement, mobilizing the collateral value of assets and promoting growth. In contrast to contractual rights, property rights are enforced in rem, being affected only with the consent...

Most U.S. states passed married women's property and earnings acts between 1850 and 1920. These acts gave married women the right to own and control their separate property, and to own their market earnings. We examine the acts' effects on investment by families in girls' human capital. Standard...

In this article, the question is raised why upon the introduction of same sex marriage no one has raised the issue whether one should take for granted the automatic application of the legal marital property law that was made for heterosexual couples. The argument goes that in the heat of the...

This chapter discusses intangible property and non-proprietary intangibles. It begins with a discussion of the idea of the right against interference as the basic right of property and compares it with idea of the right to the benefit of property. It discusses the idea of remedial consistency -...

The main thesis of this article is that individuals should own their user-held data. Rapidly developing data processing technologies empowers individuals to collect their data from different sources and retain it in personal data clouds. Such user-held data represents the most accurate,...