Download or read book Transfer of Movables in German French English and Dutch Law written by Lars Peter Wunibald van Vliet and published by . This book was released on 2000 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subject-matter of this book is the transfer of movable property in German, French, English and Dutch law. Of particular importance is the division into the three main types of transfer system: the causal consensual system, the causal tradition system and the abstract tradition system. Here two dividing lines intertwine: the distinction between causal and abstract systems and the distinction between consensual and tradition systems. Often the existence of three different transfer systems is seen as a complicating factor in harmonizing European private law. Yet, the book demonstrates that the division between consensual systems and tradition systems and the division between causal and abstract systems are not unbridgeable.
Download or read book Rules for the Transfer of Movables written by Wolfgang Faber and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative research in the area of property law is gaining importance. Against the background of the current discussion of developing model rules, aimed at facilitating European private law harmonisation, and of ongoing law reform projects in a number of EU Member States, this volume addresses key issues in the field of the transfer of corporeal movable property.
Download or read book The Relevance of Concepts for the Transfer of Movables Under the Uniform Commercial Code With a Focus on the Buyer s Protection Against the Seller s Creditors written by Martin Lilja and published by . This book was released on 2014 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the recent European discussion on how rules for the transfer of movable property could be designed in an “optimal” way, several proponents have suggested that a “functional” approach be applied. Proponents of a "functional" approach consider such an approach to be advantageous in that it does not use concepts like “ownership”, but rather deals with different issues separately, by way of directly connecting legally relevant facts (requirements) with specific real-life consequences, without placing an abstract concept, such as “ownership”, in the middle. One of the advantages is that the rules will be understood by everyone - and even “ordinary people” without knowledge of law will be able to apply the rules. In this context, it may be useful to look at American law: Article 2 of the Uniform Commercial Code (U.C.C. or “Code”), dealing with sales of goods including sales-related property law matters, was drafted with the aim of applying a “narrow-issue approach” and designing the law in terms of “step-by-step performance”, thereby replacing the former law (i.e. the Uniform Sales Act of 1906) which made a vast range of consequences dependent on the “transfer of title”. According to the drafters of the Code, such an approach would have the extended benefit of making the law understood by “ordinary people”. The two expectations extracted from conceptions of the functional proponents, as well as from the goals expressed by the drafters of the U.C.C., are that: 1). The U.C.C. is easy to apply (so easy that even laymen will find no challenge in applying the Code); and 2). the U.C.C. has abolished the use of concepts and solves legal issues in the area of transfer of movables by directly connecting legal consequences with relevant legal facts. This article will examine to what extent the U.C.C. approach ultimately complies with the standards set forth by narrow-issue or functional approach theory. This may help in assessing whether American law can - or should - serve as a model for European lawmaking. The question here turns upon whether the conceptions hold true: Is the U.C.C. a code that, with roots in legal realism, has managed to codify a “functional” approach connecting legally relevant facts and consequences directly in a manner making the law easy to apply for laymen (and could this Code thereby serve as a model for Europe)?
Download or read book National Reports on the Transfer of Movables in Europe written by Wolfgang Faber and published by Sellier European Law Pub. This book was released on 2010 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the sixth and last volume of a series of national reports on basic issues concerning the acquisition and loss of ownership of movable assets. The series covers 28 European legal systems. Starting with general property law issues like the concepts of ownership and possession employed in the respective legal systems, and the related means of protection, the reports primarily deal with the `derivative' transfer of ownership, but extend to good faith acquisition from a non-owner, acquisitive prescription, processing and commingling, and further related issues. The reports provide the reader with detailed information about the respective rules, case law and legal literature, prepared by national property law experts. These reports are a starting point for further comparative research in property law and also a tool for practitioners searching for information on foreign legal systems.
Download or read book Transfer of Movable Property Under U S Law written by Martin Lilja and published by Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book discusses legal rules for three functional commercial conflict situations under the laws of the U.S.A. (the U.C.C. etc.) on the protection of a buyer in the seller's insolvency, the protection of a seller in the buyer's insolvency, and the conflict between a person formerly entitled to the goods and a good faith acquirer.
Download or read book The Rules of International Private Law Relating to the Transfer of Movables Immovables and Choses in Action written by Edmund Davies and published by . This book was released on 1928 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book National Reports on the Transfer of Movables in Europe written by Wolfgang Faber and published by Sellier European Law Pub. This book was released on 2011 with total page 723 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the fourth volume of a series of national reports on basic issues concerning the acquisition and loss of ownership of movable assets. The series covers 28 European legal systems. Starting with general property law issues like the concepts of ownership and possession employed in the respective legal systems, and the related means of protection, the reports primarily deal with the `derivative' transfer of ownership, but extend to good faith acquisition from a non-owner, acquisitive prescription, processing and commingling, and further related issues. The reports provide the reader with detailed information about the respective rules, case law and legal literature, prepared by national property law experts. These reports are a starting point for further comparative research in property law and also a tool for practitioners searching for information on foreign legal systems.
Download or read book National Reports on the Transfer of Movables in Europe written by Wolfgang Faber and published by Sellier European Law Pub. This book was released on 2011 with total page 667 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the fifth volume of a series of national reports on basic issues concerning the acquisition and loss of ownership of movable assets. The series covers 28 European legal systems. Starting with general property law issues like the concepts of ownership and possession employed in the respective legal systems, and the related means of protection, the reports primarily deal with the `derivative' transfer of ownership, but extend to good faith acquisition from a non-owner, acquisitive prescription, processing and commingling, and further related issues. The reports provide the reader with detailed information about the respective rules, case law and legal literature, prepared by national property law experts. These reports are a starting point for further comparative research in property law and also a tool for practitioners searching for information on foreign legal systems.
Download or read book Rules for the Transfer of Movables written by Wolfgang Faber and published by . This book was released on 2008 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative research in the area of property law is gaining importance. Against the background of the current discussion of developing model rules, aimed at facilitating European private law harmonisation, and of ongoing law reform projects in a number of EU Member States, this volume addresses key issues in the field of the transfer of corporeal movable property.
Download or read book Acquisition and Loss of Ownership of Goods written by Wolfgang Faber and published by Walter de Gruyter. This book was released on 2011-03-30 with total page 1729 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains the major result of the work undertaken by the international research group "Transfer of Movables" which belonged to the Study Group on a European Civil Code. It covers the most important aspects of the law of property in movables, such as the transfer of ownership based on the transferor's right and the good faith acquisition of ownership. The suggested black letter provisions are accompanied by extensive explanatory comments and comparative notes providing information on the existing rules of the EU Member States. As compared to Book VIII of the DCFR, this volume contains additional and partly revised national notes, extended comments, translations of the black letter rules and adapted registers. The "Principles of European Law" are published in co-operation with Oxford University Press and Staempfli (Switzerland).
Download or read book Eigentums bertragung an Beweglichen Sachen in Europa written by Arthur Salomons and published by Peter Lang Pub Incorporated. This book was released on 2006 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a profound description of the right of ownership and the transfer of title in Dutch Law. All legal aspects are taken into consideration: statutory law, jurisdiction and scientific writing. The book informs about general rules of private law as well as about special rules of commercial law.
Download or read book Transfer of Title Concerning Movables written by Mary-rose Mcguire and published by . This book was released on 2006-05-01 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a profound description of the right of ownership and the transfer of title in German Law. All legal aspects are taken into consideration: statutory law, jurisdiction and scientific writing. The book informs about general rules of private law as well as about special rules of commercial law.
Download or read book Eigentums bertragung an Beweglichen Sachen in Europa written by Claes Martinson and published by Peter Lang Pub Incorporated. This book was released on 2006 with total page 97 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a profound description of the right of ownership and the transfer of title in Swedish Law. All legal aspects are taken into consideration: statutory law, jurisdiction and scientific writing. The book informs about general rules of private law as well as about special rules of commercial law.
Download or read book The Rules of International Private Law Relating to the Transfer of Movable Immovables and Choses in Action written by H. E. Davies and published by . This book was released on 1928 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Transfer of Chattels in Private International Law written by G. A. Zaphiriou and published by London : University of London, The Athlone Press. This book was released on 1956 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book National Reports on the Transfer of Movables in Europe written by Wolfgang Faber and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This excellent series presents comparative study, analysis and evaluation of 28 European legal systems in the field of transfer of movables. Major topics are - the notion of ownership, - the derivative acquisition of ownership (e.g. by a sales contract), - the good faith acquisition of ownership and other property rights, - the multiple sale of the same movable, - the protection of possession, positive (acquisitive) prescription, and - processing and consolidation. The work is based on comprehensive country reports (which are to be published) on the relevant legal rules in Europe and has the drafting and publication of text proposals of uniform European rules - with commentary and comparative notes - as its primary goal. It intends to influence the future development of European private law on the EU level. This fifth volume of the series presents "up-to-date" national reports of - Sweden - Norway and Denmark - Finland - Spain.
Download or read book Security Over Corporeal Movables written by J G Sauveplanne and published by Martinus Nijhoff Publishers. This book was released on 1974-04 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt:
