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Author: Wolfgang Faber Publisher: Walter de Gruyter ISBN: 3866537034 Category : Law Languages : en Pages : 641
Book Description
This is the second volume of a series of national reports on basic issues concerning the acquisition and loss of ownership of movable assets. The series is planned to cover 27 European legal systems, distributed over six volumes. Starting with general property law issues like the concepts of ownership and possession employed in the different legal systems, and the means by which they are protected, the reports primarily focus on the “derivative” transfer of ownership, but their scope extends to good faith acquisition from a non-owner, acquisitive prescription, processing and commingling, and further related issues. The reports, prepared by national property law experts, provide the reader with detailed information about the rules, case law and legal literature in the jurisdictions concerned. They serve as a starting point for further comparative research in property law and also as a tool for practitioners searching for information on foreign legal systems.
Author: Wolfgang Faber Publisher: Walter de Gruyter ISBN: 3866537034 Category : Law Languages : en Pages : 641
Book Description
This is the second volume of a series of national reports on basic issues concerning the acquisition and loss of ownership of movable assets. The series is planned to cover 27 European legal systems, distributed over six volumes. Starting with general property law issues like the concepts of ownership and possession employed in the different legal systems, and the means by which they are protected, the reports primarily focus on the “derivative” transfer of ownership, but their scope extends to good faith acquisition from a non-owner, acquisitive prescription, processing and commingling, and further related issues. The reports, prepared by national property law experts, provide the reader with detailed information about the rules, case law and legal literature in the jurisdictions concerned. They serve as a starting point for further comparative research in property law and also as a tool for practitioners searching for information on foreign legal systems.
Author: Wolfgang Faber Publisher: Walter de Gruyter ISBN: 3866539223 Category : Law Languages : en Pages : 737
Book Description
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 fourth volume of the series presents "up-to-date" national reports of France Belgium Bulgaria Poland Portugal
Author: Wolfgang Faber Publisher: Walter de Gruyter ISBN: 3866539231 Category : Law Languages : en Pages : 599
Book Description
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 sixth volume of the series presents "up-to-date" national reports of - The Netherlands - Switzerland - Czech Republic - Slovakia - Malta - Latvia
Author: Eric Descheemaeker Publisher: Edinburgh University Press ISBN: 0748693653 Category : Law Languages : en Pages : 244
Book Description
The first coherent analysis of the topic of possession from a comparative and historical legal perspective. The volume comprises contributions from some very distinguished scholars from the civilian tradition (Germany, Italy) as well as the common law (England) and mixed legal systems (Quebec, Scotland, South Africa).
Author: Yun-chien Chang Publisher: Cambridge University Press ISBN: 1009236598 Category : Law Languages : en Pages : 453
Book Description
The book builds on hand-coded data on nearly 300 dimensions on the substance of property law in 156 jurisdictions globally and applies plain-language economic analysis to real-world legal schemes. Cutting-edge machine learning algorithms and statistical analysis are applied. Detailed citations to laws in each jurisdiction are useful to lawyers.
Author: Christian von Bar (jurist) Publisher: sellier. european law publ. ISBN: 3866530978 Category : Law Languages : en Pages : 656
Book Description
The Draft of a Common Frame of Reference (DCFR) 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. A year ago, an interim outline edition of the Draft Common Frame of Reference (DCFR) was published by sellier. european law publishers (Germany). It covered the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text was 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. Now available for the first time is the final outline edition of the DCFR. This final outline edition covers major new topics and includes a revised and expanded list of definitions. This revision of the interim outline edition takes public discussion into account and also contains an additional section on the principles underlying the model rules. In late 2009, the six-volume full edition of the DCFR, including all comments and notes, will be published.
Author: Jasper Verstappen Publisher: Springer Nature ISBN: 3031354079 Category : Law Languages : en Pages : 424
Book Description
Blockchains and smart contracts are emerging technologies that pose unique challenges for legal systems. This book outlines the extent to which these new and innovative technologies could have potentially disruptive effects on contract law in Europe. It does so through a comparative, three-part analysis of the recognisability and effects of smart contracts in European legal systems. First of all, in light of the technologies’ transboundary nature, the book employs a comparative approach, considering French law, German law, English law, and Dutch law to analyse the impact on the different systems of contract law. While doing so, it also addresses the formation, interpretation, and vitiation of contracts. Secondly, it analyses the impact of these technologies on European laws regarding unfair terms in consumer contracts and argues that the existing rules should be applied to smart legal agreements in business-to-consumer relations. Lastly, it analyses the current European rules of private international law on the basis of which jurisdiction and applicable law are developed. In this respect, the book concludes that the vast majority of these European rules are “smart contract-proof”.
Author: Tatiana Eleni Synodinou Publisher: Kluwer Law International B.V. ISBN: 9403527315 Category : Law Languages : en Pages : 244
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in Cyprus deals with the issues related to rights and interests in all kinds of property and - immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in Cyprus will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.
Author: Wolfgang Faber Publisher: Walter de Gruyter ISBN: 3866539010 Category : Law Languages : en Pages : 1729
Book Description
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).
Author: Wolfgang Faber Publisher: Sellier European Law Pub ISBN: 9783866530966 Category : Law Languages : en Pages : 628
Book Description
This is the second volume of a series of national reports on basic issues concerning the acquisition and loss of ownership of movable assets. The series is planned to cover 27 European legal systems, distributed over six volumes, as a product of the research activities of the working group "Transfer of Movables" within the "Study Group on a European Civil Code." Volume 2 examines England/Wales, Ireland, Scotland, and Cyprus. 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 are also a tool for practitioners searching for information on foreign legal systems. Where available, and as far as reasonable, the reports include translations of the most important statutory provisions either in the text or in an annex. All reports include a table of literature and a table of abbreviations, which shall facilitate carrying out further research.ò
Author: Wolfgang Faber
Author: Wolfgang Faber
Author: Wolfgang Faber
Author: Wolfgang Faber
Author: Eric Descheemaeker
Author: Yun-chien Chang
Author: Christian von Bar (jurist)
Author: Jasper Verstappen
Author: Tatiana Eleni Synodinou
Author: Wolfgang Faber
Author: Wolfgang Faber