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 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 Mary-Rose McGuire and published by Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften. This book was released on 2006 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 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 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 National report The Netherlands written by and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Transfer of title concerning movables National report Sweden written by and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rules for the Transfer of Movables written by Wolfgang Faber and published by sellier. european law publ.. This book was released on 2008 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 harmonization, 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. Authors from various European countries discuss classical issues of property law, such as the dichotomies of "consensual" versus "delivery" and "causal" versus "abstract" transfer systems, good faith acquisition, and the role of party autonomy in the field of the transfer of ownership. In addition, a special focus is given to the less well-known - but at least equally fundamental - difference between "unitary" transfer approaches, as applied in continental Europe, and the "functional" approach, as followed in Scandinavian countries. Further contributions discuss fiduciary transfers, avoidance in bankruptcy, the question of where to draw the line between obligatory and proprietary rights, the role of intellectual property rights, possession, and the EU law basis for the harmonization of property law. These contributions were presented at a conference held in Salzburg in February 2007, forming part of the activities of the working group "Transfer of Movables" within the "Study Group on a European Civil Code."
Download or read book Transfer of title concerning movables National report Germany written by and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Transfer of title concerning movables National report Germany written by J. Michael Rainer and published by Peter Lang Publishing. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a general introduction to the problems of ownership and transfer of title considering movables in the European Union. Common solutions for a legal unification in Europe are taken into consideration, followed by national reports from Estonia, Italy, Poland, Portugal, Scotland, Slovenia, and Spain.
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 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 Benjamin s Treatise on the Law of Sale of Personal Property written by Judah Philip Benjamin and published by . This book was released on 1888 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contracts for the International Sale of Goods written by Franco Ferrari and published by Martinus Nijhoff Publishers. This book was released on 2011-12-23 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts for the International Sale of Goods provides an examination of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Extensively referenced, this volume focuses on three fundamental issues, which, due to added attention from courts and arbitral tribunals, are considered “typical” of CISG related disputes. These include the exact determination of the CISG’s sphere of application; issues relating to the non-conformity of delivered goods; and the determination of the rate of interest on sums in arrears. This analysis will also help readers understand the broader context in which these issues are embedded, and ultimately illustrates how the CISG is interpreted and applied in different jurisdictions. A special course adoption price is available for an order of six or more copies from a university bookstore. Contact [email protected] or [email protected].
Download or read book Transfer of Ownership in International Trade written by Alexander von Ziegler and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Including law from Australia, Austria, Brazil, Canada, Chile, China, Denmark, England, Finland, France, Germany, India, Italy, Japan, Republic of Korea, Netherlands, Norway, Russia, South Africa, Spain, Sweden, Switzerland, And United States of America (U.S.A.)
Download or read book Effects of Mistake and Other Defects on the Passage of Legal Title written by Samuel Zogg and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the mechanics of how legal ownership in tangible movable property is transferred from one person to another and whether certain kinds of defects, particularly mistakes, may prevent its passage. Though this area of the law may well be regarded as a core area of English private law, it has not yet received much attention in academic literature. It is argued that English law, on its best interpretation, and contrary to the traditionally accepted approach, adopts a principle of separation (i.e. that the underlying contract or other transaction is notionally distinct from the conveyance of title) and abstraction (i.e. that the conveyance of title is not dependent on the validity of the underlying contract or other transaction). This applies for transfers by delivery, transfers by sale and transfers by deed. Further, it is very rare for mistakes to prevent the passage of ownership. In fact, title passes unless the transferor's intention to transfer property is virtually absent altogether. For this purpose, an analogy is drawn with the distinctions made in Shogun Finance Ltd v Hudson. DR SAMUEL ZOGG is a senior lecturer at the University of Zurich, Switzerland, an attorney at law and law clerk at the Zurich Court of Appeal (civil law chamber).
Download or read book Benjamin s Treatise on the Law of Sale of Personal Property written by Judah Philip Benjamin and published by . This book was released on 1884 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt:
