The impact of EU law on Dutch property law

EU law has an impact on the development of national private law. However, directives that concern property law are still scarce. One of them is Directive 2002/47/EC concerning financial collateral arrangements (Collateral Directive). This directive has introduced a minimum regime for providing financial collateral to secure or otherwise cover financial obligations. It prescribes two types of financial collateral arrangements (fca), namely the title transfer fca and the security fca Since property law is often perceived as a closed area of law, it may difficult to implement property law directives. The legislator has chosen to implement private law directives in the Dutch Civil Code (DCC). This results in a double burden. On the one hand, the directive needs to be correctly implemented. On the other hand, the legislator has to make sure that the Civil Code remains coherent. The central question of this thesis is how the legislator should implement EU directives in the Dutch legal system that deal with matters op property law.

In order to answer this question, three aspects of the aforementioned Collateral Directive have been examined that to a greater or lesser extent clash with national property law, namely the title transfer fca and Article 3:84 par. 3 DCC, the establishment of a security right and the requirement of control, and the so-called right of use. Even though this book has focused on the implementation of one directive, it tries to draw a number of lessons for the future.

Dissertation: http://hdl.handle.net/11370/329f104f-9c9e-4b9d-a7be-55bfcd4205b8