Rules for the Transfer of Movables A Candidate for European Harmonisation or National Reforms?
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Wolfgang Faber, Brigitta Lurger
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Wolfgang Faber, Brigitta Lurger (Eds.)
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Rules for the Transfer of Movables A Candidate for European Harmonisation or National Reforms?
:
sellier.european law publishers
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9783866537002
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1
:
CHF 34.70
:
:
Internationales Recht, Ausländisches Recht
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English
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280
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DRM
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PC/MAC/eReader/Tablet
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PDF
< >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.
Preface
6
Contents
8
Introduction to the Project ‘Transfer of Movables’: Organisational Framework, Basic Issues and Goals
14
Consensual versus Delivery Systems in European Private Law – Consensus about Tradition?
22
Private Autonomy in Property Law: Can the Parties ‘Design’ their Transfer?
60
An Abstract or a Causal System
72
How Swedish Lawyers Think about ‘Ownership’ and ‘Transfer of Ownership’ – Are We Just Peculiar or Actually Ahead?
82
Scepticism about the Functional Approach from a Unitary Perspective
110
The Relationship between Transfer Rules and Rules on Creditors’ Avoidance of Debtor’s Transactions
136
How to Draft New Rules on the Bona Fide Acquisition of Movables for Europe? Some Remarks on Method and Content
154
Good Faith Acquisition – Why at all?
168
Fiduciary Transfer and Ownership
174
Obligatory and Proprietary Rights: Where to Draw the Dividing Line – If at all?
188
The German Property Law and its Principles – Some Lessons for a European Property Law
210
Intellectual Property Rights: ‘Property’ or ‘Right’? The Application of the Transfer Rules to Intellectual Property
230
Unification in the Field of Property Law from the Perspective of European Law
252
Transfer of Ownership in Recent Reform Projects: Estonia
262
Protection and Transfer of Possession
268
List of Contributors
280
