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The Eurohypothec and the English mortgage
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Watt, Gary (2006) The Eurohypothec and the English mortgage. Maastricht Journal Of European And Comparative Law, 13 (2). pp. 173-193. ISSN 1023-263X .
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Abstract
The recent Green Paper on Mortgage Credit in the EU (Brussels: European
Commission, 2005) confirms that the European Commission is giving serious
consideration to ‘the feasibility and desirability’ of a pan-European mortgage
(‘Euromortgage’ or ‘Eurohypothec’) to facilitate the integration of cross-border
financing of real estate investments. The purpose of this paper is two-fold. First, to
examine the proposed Eurohypothec as a central case in the larger project of
attaining cross-border commonality in European private laws of immovable
property. Second, to consider whether the prevailing model for the Eurohypothec can
be accommodated in England and Wales. It is argued that doctrinal indeterminacy
or ‘shapelessness’ in national property institutions of EU Member States assists in
the reception of pan-European institutions alongside national laws, and thereby
advances the project to achieve ius commune Europaeum in property law. It will be
demonstrated that the mortgage law of England and Wales exemplifies the necessary
doctrinal indeterminacy and therefore provides fertile ground for the reception of the
Eurohypothec.
Item Type: | Journal Article | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Journal or Publication Title: | Maastricht Journal Of European And Comparative Law | ||||
Publisher: | Intersentia N.V. | ||||
ISSN: | 1023-263X | ||||
Official Date: | 2006 | ||||
Dates: |
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Volume: | 13 | ||||
Number: | 2 | ||||
Page Range: | pp. 173-193 | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published |
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