PhD student: Mrs M.-L. Degroote

Promotor: Prof V. Sagaert

Duration: 1/9/2019 - 31/8/2023

Abstract:

At first sight, the abandonment of property rights seems to be a simple legal act: the owner or the holder of a limited property right abandons his right and as a result the right leaves his estate. It concerns an abdicative legal act whereby in principle, the property right does not transfer to another estate. The clarity of this legal act contrasts with the uncertainty surrounding the legal consequences. One of the key issues concerns the (im)possibility of reconciling abandonment with the binding force of a contract. Also, this research wants to raise a certain sense of urgency. More specifically, attention will be paid to the following question: is it desirable to allow the abandonment of property rights in a society that strives for more sustainability, given that goods with a negative value (such as waste or polluted land) are the core incentive for abandonment?