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Transfer of Immovables in European Private Law

Transfer of Immovables in European Private Law
Author: Luz M. Martínez Velencoso
Publisher: Cambridge University Press
Total Pages: 449
Release: 2017-05-25
Genre: Law
ISBN: 1107187095

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This volume explores the law relating to the transfer of immovables in seventeen countries within Europe.


Transfer of Immovables in European Private Law

Transfer of Immovables in European Private Law
Author: Luz M. Martínez Velencoso
Publisher:
Total Pages:
Release: 2017
Genre:
ISBN: 9781316955086

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This volume explores the law relating to the transfer of immovables in seventeen countries within Europe


Rules for the Transfer of Movables

Rules for the Transfer of Movables
Author: Wolfgang Faber
Publisher: Walter de Gruyter
Total Pages: 281
Release: 2009-04-27
Genre: Law
ISBN: 386653700X

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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.


Transfer of Immovables in European Private Law

Transfer of Immovables in European Private Law
Author: Luz M. Martínez Velencoso
Publisher: Cambridge University Press
Total Pages: 449
Release: 2017-05-25
Genre: Law
ISBN: 1316949745

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The transfer of immovables in Europe creates a series of challenges and questions in practice. The increase in cross-border transactions of immovable property within the European Union has created a demand for knowledge of the system of land registration across a range of jurisdictions. This volume compares and contrasts the different legal processes of seventeen countries and includes a comprehensive analysis of the transfer of immovables and the Land Register in Europe. With fifteen case studies, it provides both theoretical and practical information on the applicable contract and land law. This volume encourages the reader to evaluate legal issues by using the wider European legal sources available. For this very purpose, it is an important research tool for comparative study in the field.


The Future of European Property Law

The Future of European Property Law
Author: Sjef Erp van
Publisher: Walter de Gruyter
Total Pages: 256
Release: 2012-05-29
Genre: Law
ISBN: 3866539312

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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


Acquisition and Loss of Ownership of Goods

Acquisition and Loss of Ownership of Goods
Author: Wolfgang Faber
Publisher: Walter de Gruyter
Total Pages: 1729
Release: 2011-03-30
Genre: Law
ISBN: 3866539010

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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).


National Reports on the Transfer of Movables in Europe

National Reports on the Transfer of Movables in Europe
Author: Wolfgang Faber
Publisher: Sellier European Law Pub
Total Pages: 628
Release: 2009
Genre: Law
ISBN: 9783866530966

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This is the second volume of a series of national reports on basic issues concerning the acquisition and loss of ownership of movable assets. The series is planned to cover 27 European legal systems, distributed over six volumes, as a product of the research activities of the working group "Transfer of Movables" within the "Study Group on a European Civil Code." Volume 2 examines England/Wales, Ireland, Scotland, and Cyprus. 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 are also a tool for practitioners searching for information on foreign legal systems. Where available, and as far as reasonable, the reports include translations of the most important statutory provisions either in the text or in an annex. All reports include a table of literature and a table of abbreviations, which shall facilitate carrying out further research.ò


The Making of European Private Law

The Making of European Private Law
Author: Luigi Moccia
Publisher:
Total Pages: 0
Release: 2013
Genre: Civil law
ISBN: 9783866532588

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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.


Transfer of Movables in German, French, English and Dutch Law

Transfer of Movables in German, French, English and Dutch Law
Author: Lars Peter Wunibald van Vliet
Publisher:
Total Pages: 270
Release: 2000
Genre: Conditional sales
ISBN:

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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.


Security Rights in Movable Property in European Private Law

Security Rights in Movable Property in European Private Law
Author: Eva-Maria Kieninger
Publisher: Cambridge University Press
Total Pages: 827
Release: 2004-08-26
Genre: Law
ISBN: 1139454757

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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.