De prioriteitsregel in het vermogensrecht
On 25 November 2018, Laurens de Hoog defended his thesis 'De prioriteitsregel in het vermogensrecht'. The doctoral research was supervised by Prof. mr. W.G. Huijgen.
- Laurens de Hoog
- 15 November 2018
- Leiden Repository
Already in Roman times, conflicts between property security seekers were settled on the basis of the rule prior tempore potior iure. Whoever is earlier in time is stronger in justice. The so-called priority rule still applies in current civil law, but is nowhere explicitly stated. The dissertation focuses on the questions how the validity of the rule must be explained and in which cases the priority rule is applied.
The research focuses on the function and application of the priority rule in property law. First, the prior temporal rule is approached from a historical and comparative perspective. An analysis is then made of how the Roman law rule is approached in German and French jurisdiction. On this basis, a justification is provided for the validity of the priority rule to be subsequently investigated for its application in modern property law.