The conference relates to the intersection of property law, contract law and environmental law. The intersection between contract and property law is in many countries and also in Belgian law still largely virgin territory. This conference intends to shed a first but thorough light on this intersection and hopes to provoke further debate, research and cooperation.
Contract and Property are traditionally opposed to each other, but in each of them, more and more legal devices overcome the differences. Those devices are developed in several national legal systems, such as the ‘kwalitatieve verplichting’ in Dutch law and the ‘obligation réelle environnementale’ in French law. The several legal systems which come into play have recently introduced legal devices in which environmental protection has been enhanced on the edge between contract and property.
In order to approach the topics functionally, the conference will discuss each topic through specific (real or fictitious) legal cases. These cases will relate to environmental issues and how both property and contract law can or cannot contribute to the protection of the environment.
In doing so, the conference adheres to a very topical subject, environmental protection, from an innovative perspective: it analyses the way in which private law can contribute to the interferences of private law with environmental perspectives.