Book Description
This volume explores the law relating to the transfer of immovables in seventeen countries within Europe.
Author : Luz M. Martínez Velencoso
Publisher : Cambridge University Press
Page : 449 pages
File Size : 18,38 MB
Release : 2017-05-25
Category : Law
ISBN : 1107187095
This volume explores the law relating to the transfer of immovables in seventeen countries within Europe.
Author : Luz M. Martínez Velencoso
Publisher :
Page : pages
File Size : 12,59 MB
Release : 2017
Category :
ISBN : 9781316955086
This volume explores the law relating to the transfer of immovables in seventeen countries within Europe
Author : Wolfgang Faber
Publisher : Walter de Gruyter
Page : 281 pages
File Size : 13,51 MB
Release : 2009-04-27
Category : Law
ISBN : 386653700X
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 : Sjef Erp van
Publisher : Walter de Gruyter
Page : 256 pages
File Size : 43,29 MB
Release : 2012-05-29
Category : Law
ISBN : 3866539312
European integration has a growing impact on the property law systems of the EU Member States. The tensions which can be seen are considerably greater than in other areas of private law, given the technically complex and mandatory nature of property law. In this book current developments in European property law (particularly the Draft Common Frame of Reference) are analysed and evaluated, focussing on secured transactions and mortgage law. With contributions by academic and practicing lawyers, containing: Transfer of ownership and good faith acquisition: the rules in the Member States and in Book VIII of the DCFR Secured transactions and the DCFR Registration of intellectual property rights Trusts - from a Common and a Civil lawyer’s perspective The border area between property law and contract law: securities
Author : Luigi Moccia
Publisher :
Page : 0 pages
File Size : 11,60 MB
Release : 2013
Category : Civil law
ISBN : 9783866532588
Table of Contents Foreword List of Authors European Private Law: Why, How, What and Who? Ole Lando -- The Europeanisation of Private Law: Problems and Perspectives Bénédicte Fauvarque-Cosson -- The Commission Proposal for a "Regulation on a Common European Sales Law (CESL)"--Too Broad or not Broad Enough? Hans-Wolfgang Micklitz / Norbert Reich -- The 'Legal Basis' of European Private Law in the Light of EU Constitutionalisation Christiane C. Wendehorst -- European Law: From 'Market' to 'Citizenship' Luigi Moccia -- A Common European Sales Law (CESL) for Business-to-Business Contracts Hugh Beale -- The 'Instruments' for Implementing European Private Law - The Infl uence of the ECJ Case Law on the Development and Formation of European Private Law Verica Trstenjak -- Optional Law for Firms and Consumers: Economic Benefi ts of Opting into the Common European Sales Law? Juan José Ganuza / Fernando Gomez -- European Consumer Law and its Consolidation Luc Grynbaum -- The Internal Relationships of EU Consumer Contract Laws: Unfair Contract Terms, Unfair Commercial Practices and CESL Simon Whittaker -- European Property Law - Transfer of Ownership of Movables Brigitta Lurger --From Euratom Property Law to European Union Property Law: A Concise Overview of the Development Towards a European Property Law Sjef van Erp -- Which Future for the European Law of Successions? Francesco Paolo Traisci -- Interpretation of Contracts in European Private Law Eric Clive -- Incorporation and Unfairness of Standard Contract Terms Under the Proposal for a Common European Sales Law Marco B.M. Loos -- The Application of the CESL to a Contract for the Supply of Digital Content (e.g. Software) Jerzy Pisuliński -- A Critical First Glance at the Common European Sales Law Project by the Digital Consumer Law Approach Oreste M. Calliano.
Author : Eva-Maria Kieninger
Publisher : Cambridge University Press
Page : 827 pages
File Size : 43,55 MB
Release : 2004-08-26
Category : Law
ISBN : 1139454757
For every transnational lawyer, it is vital to know the differences between national secured transactions laws. Since the applicable law is determined by the place where the collateral is situated, it may change when movables are brought from one state to another. Introductory essays from comparative lawyers set the scene. The book then presents a survey of the law relating to secured transactions in the member states of the European Union. Following the Common Core approach, the national reports are centred around fifteen hypothetical cases dealing with the most important issues of secured transactions law, such as the creation of security rights in different business situations, the relationship between debtor and secured creditor, the nature of the creditor's rights and their enforcement as against third parties. each case is followed by a comparative summary. A general report evaluates the possibilities of European harmonisation in the field of secured transactions law.
Author : Christian von Bar
Publisher : Walter de Gruyter
Page : 574 pages
File Size : 41,55 MB
Release : 2009-04-27
Category : Law
ISBN : 386653731X
Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.
Author : Lars Peter Wunibald van Vliet
Publisher :
Page : 270 pages
File Size : 10,37 MB
Release : 2000
Category : Conditional sales
ISBN :
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 : Wolfgang Faber
Publisher : Sellier European Law Pub
Page : 586 pages
File Size : 24,37 MB
Release : 2010
Category : Law
ISBN : 9783866531376
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 : Walter de Gruyter
Page : 1729 pages
File Size : 31,44 MB
Release : 2011-03-30
Category : Law
ISBN : 3866539010
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).