7. Concepts of Ownership in European Property Law

This chapter delves into European property law, explaining its meaning and fundamentals. It demonstrates how three key legal concepts of ownership coexist in European property law: ‘dominium ownership’ rooted in classical liberalism, ‘economic ownership’ that stems from the law and economics movement, and ‘social ownership’, which embodies the social function of property and aligns with communitarian thought. The chapter identifies that dominium and economic ownership concepts are currently prevalent in European property law, even though they contribute to societal challenges like rising inequality and ecological disaster. In contrast, it posits the ownership concept of social ownership as a less harmful starting point, which could even help in mitigating some of the societal harms at play in Europe. A more central role for social ownership in European property law would align private interests better with societal needs and environmental well-being. The chapter therefore advocates for European property lawyers to integrate the social ownership concept, as well as the broader principles of social property, into their practice, to create a more just European property law.