TOWARDS AN EUROPEAN REAL ESTATE REGISTRATION LAW?

Abstract

Although it has been asserted that property matters are not covered by the treaties governing the European Union, it is still valid to raise the question of whether it might be possible to institute some sort of harmonization for greater uniformity in the way Member States handle the disclosure of rights in immovable property without warping Member States' domestic substantive law. The implementation of this idea, which is not new, is examined from the standpoint of EU competences, the academic standpoint and the standpoint of legislative antecedents. The conclusion is that such a harmonization is not only possible, but highly advisable.