: Roel Westrik, Jeroen van der Weide
: Party Autonomy in International Property Law n.a.
: sellier.european law publishers
: 9783866539327
: 1
: CHF 52.40
:
: Internationales Recht, Ausländisches Recht
: English
: 256
: DRM
: PC/MAC/eReader/Tablet
: PDF
< >Party autonomy is a subject that is traditionally rejected in the field of property law. Legal systems throughout Europe and most parts of the world still found their property law on the lex situs. This point of view, however, is challenged more and more. The immense intensification of worldwide trade may have turned boundaries between countries into barriers
in a world that needs flexibility.
This book deals with important questions concerning this problem, including: What happens to property rights related to movables and claims when borders are crossed? Do we recognize a German retention of title or an American security right? Which law will apply: the law of the country of origin, the lex situs or the law of the country of destination? How does legislation concerning financial instruments relate to the problem, and what is it all worth in insolvency situations?
Table of Contents6
Introduction8
A. General Aspects of Party Autonomy, as seen from the Perspective of Continental Law as well as of Common Law16
1. Choice of Law in International Property Law – New Encouragement from Europe18
2. Party Autonomy in Dutch International Property Law48
3. The Numerus Clausus and Party Autonomy in the Law of Property66
4. Party Autonomy and Property Rights90
B. Private International (Property) Law108
5. Party Autonomy in International Property Law: A German Perspective110
6. Party Autonomy in French and Belgian Law126
C. Developments and Prospects in Europe and in European Law Projects150
7. Article 14 Rome I: A Political Perspective152
8. European Conflict Rules for the Mutual Recognition of Security Rights in Goods172
D. Assignment in Private International Law Financial Instruments / the Collateral Directive
9. Party Autonomy and Assignment196
10. Between Articles 14 and 27 of Rome I: How to interpret a European Regulation on Conflict of Laws?214
11. Financial Collateral Arrangements and Party Autonomy232
12. Party Autonomy and Insolvency Law268