The Scandinavian Approach to Property Law, Described through Six Common Legal Concepts

Claes Martinson

Abstract


The Scandinavian approach to property law is relational and contextual. It is an approach that could be described as particular. As such, it might contribute to the European project with some reflections. One way to arrive at these reflections is by way of consideration of certain basic legal concepts. Through the concepts of ownership, transfer of ownership, unjustified enrichment, the coming into existence of a claim, acessio, and traditio, the paper gives a few glimpses of the Scandinavian approach. These glimpses are at the same time reflections on law and legal reasoning. Therefore, it is actually not important that they show something Scandinavian in essence; the important message is, rather, the questioning of how legal concepts are used.


Keywords


approach to property law; legal reasoning; legal concepts; ownership; transfer of ownership; unjustified enrichment; the coming into existence of a claim; acessio; traditio; begriffsjurisprudenz

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DOI: https://doi.org/10.12697/JI.2014.22.02

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Journal DOI: http://dx.doi.org/10.12697/issn1406-1082
ISSN 1406-1082 (printed matter)
ISSN 1406-5509 (online)

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