Rules for the Transfer of Movables: A Candidate for European Harmonisation or National Reforms?Walter de Gruyter, 2009 M04 27 - 280 pages 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. |
Contents
1 | |
9 | |
Can the Parties Design their Transfer? | 47 |
An Abstract or a Causal System | 59 |
How Swedish Lawyers Think about Ownership and Transfer of Ownership Are We Just Peculiar or Actually Ahead? | 69 |
Scepticism about the Functional Approach from a Unitary Perspective | 97 |
The Relationship between Transfer Rules and Rules on Creditors Avoidance of Debtors Transactions | 123 |
How to Draft New Rules on the Bona Fide Acquisition of Movables for Europe? Some Remarks on Method and Content | 141 |
Fiduciary Transfer and Ownership | 161 |
Where to Draw the Dividing Line If at all? | 175 |
The German Property Law and its Principles Some Lessons for a European Property Law | 197 |
Property or Right? The Application of the Transfer Rules to Intellectual Property | 217 |
Unification in the Field of Property Law from the Perspective of European Law | 239 |
Estonia | 249 |
Protection and Transfer of Possession | 255 |
Backmatter | 267 |
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Common terms and phrases
ABGB apply aspects asset Austrian Belgian bona fide acquisition buyer C H Beck Cass causal system Civil Code civil law claim Community Community Patent Community trade mark conflict of laws consensual systems contract law Court creditors debtor delivery systems draft droit civil effect entitled European Civil Code European private law example faith acquisition fiduciary fiduciary transfer French law functional approach German law harmonisation insolvency intellectual property rights IP-rights law of obligations legal systems numerus clausus obligation owner Paris pauline action PECL possessor priority problem property law proprietary rights propriété protection question real agreement Recht regard Regulation requirement rights in rem risk Roman law seller seqq solution supra footnote supra note Swedish lawyer thing third party tion Trade Mark traditio tradition transaction transfer of movables transfer of ownership transfer of property transfer system transferor validity