Abstract
Abstract This chapter elaborates the concept of absolute rights to assets. Through a comparison of the conventional lists of ‘fundamental principles of property law’ in national legal systems, it argues for an approach based on the concept of rights effective against third parties and ‘property law’s’ regulation of third-party interests through the grant of ‘absolute’ rights. The meaning of ‘absoluteness’ also differs between legal systems, especially between civilian and common law systems; however, enforceability against third parties provides a point of reference against which to determine the province of ‘property law’. Property law exists wherever erga omnes rights to assets exist. This leads into a discussion on the numerus clausus principle, its dissemination throughout the legal systems of Europe, and the role it plays in the concept of European property law.
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