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 PDF Download
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Author: Martin Lilja Publisher: ISBN: Category : Languages : en Pages : 64
Book Description
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)?
Author: Martin Lilja Publisher: ISBN: Category : Languages : en Pages : 64
Book Description
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)?
Author: Martin Lilja Publisher: Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften ISBN: 9783631649428 Category : Personal property Languages : en Pages : 0
Book Description
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.
Author: Grant Gilmore Publisher: The Lawbook Exchange, Ltd. ISBN: 1886363811 Category : Security (Law) Languages : en Pages : 1556
Book Description
Gilmore, Grant. Security Interests in Personal Property. Boston: Little, Brown & Company, 1965. Two volumes. xxxiv, 651; xiii, 653-1508 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-10258. ISBN 1-886363-81-1. Cloth. $195. * Written by the late Grant Gilmore, Co-Reporter for Article 9 of the Uniform Commercial Code, this landmark work, often cited, is extremely well respected as an acknowledged authority in this area. Combines an engrossing account of the drafting of Article 9 as it emerged in its final form with important interpretive data relating to security interests. This title is the recipient of both the Order of the Coif and the James Barr Ames award. Now back in print and of continued relevance today.
Author: World Bank Publisher: World Bank Publications ISBN: 1464814414 Category : Business & Economics Languages : en Pages : 241
Book Description
Seventeen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2020 measures aspects of regulation affecting 10 areas of everyday business activity.
Author: International Monetary Fund Publisher: International Monetary Fund ISBN: 1616358750 Category : Languages : en Pages : 31
Book Description
This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.
Author: Lars Peter Wunibald van Vliet Publisher: ISBN: Category : Conditional sales Languages : en Pages : 270
Book Description
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.
Author: Study Group on a European Civil Code Publisher: sellier. european law publ. ISBN: 3866530595 Category : Civil law Languages : en Pages : 406
Book Description
In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.