La armonización de los derechos reales en europa

Identificador:  TDX:540

Handle: https://hdl.handle.net/20.500.11797/TDX540

Autores:  Simón Moreno, Héctor

Resumen:
The hypothesis of the current dissertation takes as a starting point that property rights are necessary for the achievement of community freedoms and the internal market. Nevertheless, property rights are not today an important part of the current acquis communautaire, which rules focus mainly on contract law. An important initiative in this field is the Basic guidelines, which have been created by the Eurohypothec research group and foresee a flexible, safe and useful security right over immovables.Therefore, the current situation of property rights in Europe is insufficient to achieve a genuine internal market. For these reasons, the present dissertation tries to: a) firstly, propose the basis for a European system of property law on the basis of the status quo of the harmonisation of property rights in Europe. This analysis is useful to see in what context the Eurohypothec could be regulated; and b) secondly, analyze a model of property rights, such as the eurohypothec (a security right over immovable property foreseen in the BG), and its impact on community freedoms.