Time dimension of property rights
PhD student: Dr M.A.F. Muylle
Promotors: Prof A.L.P.G. Verbeke, Prof V. Sagaert
Duration: 1/11/2007 - 30/6/2010
PhD defence: Leuven, 6/3/2012
Property law has mostly been regarded as a very strict system, allowing just these rights for which a legal provision exists. The main differentiation of those rights lies in their application in tempore. Some of the rights are perpetual, some are limited in time (50 or 99 years), and others are connected to the life of the right holder. However, problems and disputes arise as the legal practice is annoyed by a seemingly too stringent application of the time boundaries. This is mostly revealed in tax and estate planning and insolvency law. The question addressed in my doctoral thesis will be whether the Belgian legal system should uphold a stringent application of the time boundaries regarding property law, or whether a lenient vision is considered necessary. Historical development and evolutions in our neighboring countries such as France, the Netherlands and the U.K. may be revealing.