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Author: Wolfgang Faber Publisher: Walter de Gruyter ISBN: 386653700X Category : Law 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 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.
Author: Wolfgang Faber Publisher: Walter de Gruyter ISBN: 386653700X Category : Law 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 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.
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: 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: Wolfgang Faber Publisher: Sellier European Law Pub ISBN: 9783866531376 Category : Law Languages : en Pages : 586
Book Description
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.
Author: Wolfgang Faber Publisher: ISBN: Category : Languages : en Pages :
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 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.
Author: Wolfgang Faber Publisher: Sellier European Law Pub ISBN: 9783866531185 Category : Law Languages : en Pages : 723
Book Description
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.
Author: Wolfgang Faber Publisher: Sellier European Law Pub ISBN: 9783866531369 Category : Law Languages : en Pages : 667
Book Description
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.
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: Mary-Rose McGuire Publisher: Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften ISBN: 9783631539507 Category : Law Languages : en Pages : 144
Book Description
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.
Author: Wolfgang Faber
Author: Wolfgang Faber
Author: Lars Peter Wunibald van Vliet
Author: Martin Lilja
Author: Wolfgang Faber
Author: Edmund Davies
Author: Wolfgang Faber
Author: Wolfgang Faber
Author: Wolfgang Faber
Author: Martin Lilja
Author: Mary-Rose McGuire