The Rules of International Private Law Relating to the Transfer of Movables, Immovables and Choses in Action PDF Download
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Author: Wolfgang Faber Publisher: sellier. european law publ. ISBN: 3866530609 Category : Property Languages : en Pages : 281
Book Description
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."
Author: Marcus Smith Publisher: ISBN: 9780191630835 Category : Languages : en Pages : 928
Book Description
This new edition of The Law of Assignment provides a comprehensive treatment of the law relating to intangible property or choses in action. It considers all forms of intangible property (debts, rights under contract, securities, intellectual property, leases, rights/causes of action and equitable rights). The book considers the nature of intangible property, how it comes into being and how it is transferred or assigned. It considers the consequences of transfer, including whatproperty cannot be transferred and the difficult question of priorities. The book's approach is both analytical and pr.
Author: Janeen M. Carruthers Publisher: Edward Elgar Publishing ISBN: 9781785361173 Category : Conflict of laws Languages : en Pages : 0
Book Description
This comprehensive new title brings together seminal articles on the subject of transfer of property and private international law, ranging from the early twentieth century to present day. The first volume focuses on classic principles concerning the lex situs rule, as well as on specialities regarding immovable property and movable property, conditional sale and securities transactions, goods in transit and confiscation of property. The second volume is devoted to an in depth and insightful discussion of cultural property and private international law. With an original introduction by the editor, the collection provides a valuable source of reference for researchers and academics.
Author: Janeen M. Carruthers Publisher: Oxford Private International L ISBN: 9780199271474 Category : Law Languages : en Pages : 0
Book Description
This book provides a detailed and up-to-date exposition of English and Scottish rules of choice of law in inter vivos transfers of property. It traces the development of the lex situs rule, and its application to inter vivos dealings with immovable property, tangible movable property(including the special case of cultural property), and intangible movable property (including indirectly held securities).The author offers two alternative models of suggested choice of law rules in property, introducing a greater degree of flexibility into choice of law rules in property, and formulates even-handed solutions to the complex problems of space, time and policy which arise in this area of the conflict oflaws.