This course provides students with an in-depth comparative overview and analysis of the law of property, including intellectual property rights and finance transactions. The course covers several topics that will be analysed and discussed from a both theoretical and practical point of view.
After a general introduction on the content and nature of the law of property, the course will examine the transfer of property in both civil law and common law. Specific attention will be given to special types of transfer of property, e.g. factoring and financial and operational lease, both being legal instruments of great practical relevance.
A second major topic within this course is security rights. Due to their practical relevance as cornerstones of economic development and growth, especially in the areas of banking and finance, security rights are of special interest to unification projects such as the UNCITRAL Legislative Guide on Secured Transactions. In practice, however, unification is still pending – the UNCITRAL Legislative Guide is only a set of guidelines – and therefore practitioners are facing several difficulties in the completion of secured transactions in an international setting.
As an example of a field of commerce where property law principles are applied in practice, some finance transactions will be analysed. More specifically this course will focus on repurchase agreements and securities lending, as well as at securitisation and covered bond transactions. Also the (recognition of) trusts in finance transactions will be discussed.
A third major topic within this course is IP-rights. IP-rights play an important and growing role in international trade. An overview of the different IP rights – patents, trademarks, designs and copyrights – will be followed by an in-depth analyses of specific topics and current issues, such as internet related infringement issues.
The course on International Property Law will conclude with a session on specific private international law issues such as the recognition and enforcement of foreign security rights.