Eva-Maria SchünemannDie Veräußerung von Grundstücken nach deutschem und englischem Recht

About this book deutschenglish

Whilst international real estate investments are commonplace, the underlying contractual arrangements may pose challenges to the parties involved. National property laws differ considerably and their interaction with contract law results in a complexity that is often underestimated. Private individuals, as well as international investors, often lack the necessary understanding of the foreign law’s peculiarities. Remarkably, English real estate law, like property law as a whole, is still largely disregarded in comparative law.

In this context, Eva Schünemann examines the acquisition of real property in English and German law in all its facets. At the core of her work is the question of how English and German legal systems solve the conflict between private autonomy and legal certainty when regulating the transfer of land. On the basis of a legal-historical classification of the national property law systems, Schünemann first analyses the different style that characterises English and German conveyancing. She then concentrates on the social conflict that arises from compulsory registration of freehold title in England and Germany: the so-called registration gap. Both legal systems aim to eliminate the risk of non-performance between the conclusion of the estate contract and registration of title, as well as establishing the land register as a source of truth for the general public. The principles of privity of contract, formative title registration, the legal and socio-economic relevance of land registration and the necessary steps for a valid transfer of land are analysed in detail and are put into comparative context, weighing each system’s individual promises and intricacies. Schünemann draws a comprehensive comparison of the English and German methodology of land acquisition and thus makes a valuable contribution to European comparative law.

Ihr Werk im Verlag Dr. Kovač

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