We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
The background and general principles of the new Belgian property law.
- Authors
Sagaert, Vincent
- Abstract
The reform of Belgian property law has given firm anchoring to this principle in the legislation: Article 3.4 CC provides as follows: " I Without prejudice to Articles 3.28 and 3.30 of this Book and Article 96 of the Mortgage Act, an older property right has priority over a posterior property right. This insolvency protection is, for the first time in Belgian law, laid down in Article 3.5 CC: " I Without prejudice to Articles 3.28 and 3.30, ownership, co-ownership and property rights to use remain outside the concursus created by the insolvency of third parties. This section both governs the possibility to transfer property rights within the limits of the own powers of the transferor and the consequences of such transfer with regard to the affiliated obligations: " I The holder of a property right may dispose of his right. Power to dispose for a limited property right holder b - There is, under new Belgian property law, no identity between ownership and power to dispose.
- Subjects
PROPERTY rights; LAW reform; CONTRACTS; THIRD parties (Law); TORTS
- Publication
European Property Law Journal, 2021, Vol 10, Issue 1, p3
- ISSN
2190-8273
- Publication type
Article
- DOI
10.1515/eplj-2021-0002