Private Law Theory

ABSTRACT
From a comparative viewpoint, property law has a double triangular shape. The first triangle is subject, object and right; the second triangle is numerus clausus, transparency and hierarchy. These two triangles are so strong that any attempt to fit in a new object of property law, such as digital assets, is met with resistance. In this contribution to the Festschrift offered to Matthias Storme, the two triangles are described and critically analysed, taking as a litmus test whether digital assets would have fitted into the attempt to create a European Civil Code (the ‘Draft Common Frame of Reference’).

van Erp, Sjef, Triangles of Property Law (November 21, 2024).