Security Rights In Movable Property In European Private Law

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Security Rights in Movable Property in European Private Law

Eva-Maria Kieninger
Security Rights in Movable Property in European Private Law Book PDF

Author : Eva-Maria Kieninger
Publisher : Cambridge University Press
Page : 827 pages
File Size : 49,8 Mb
Release : 2004-08-26
Category : Law
ISBN : 9781139454759

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Security Rights in Movable Property in European Private Law by Eva-Maria Kieninger Pdf

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.

Divergences of Property Law

Ulrich Drobnig,Henricus Joseph Snijders,Eric-Jan Zippro
Divergences of Property Law Book PDF

Author : Ulrich Drobnig,Henricus Joseph Snijders,Eric-Jan Zippro
Publisher : sellier. european law publ.
Page : 253 pages
File Size : 50,8 Mb
Release : 2006
Category : Law
ISBN : 9783935808965

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Divergences of Property Law by Ulrich Drobnig,Henricus Joseph Snijders,Eric-Jan Zippro Pdf

This work is inspired by the comparative study published in The Interaction of Contract Law and Tort and Property Law in Europe (ISBN 3 935808 20 8-Cloth-$79.00-2004). Out of a transnational (comparative and EU-oriented) perspective, the essays included discuss whether divergences of property law on contractual security rights in movables constitute an obstacle to the internal market and, if so, what solutions could be offered. Unification or harmonization of private international law cannot offer an adequate solution, while unification of domestic security laws could. However, the latter will take a very long time, partly due to the specific nature of property law. The contributing authors advocate the development of a European Security Right in Movables (ESRM) in addition to the respective contemporary national security rights. A real ESRM would clearly support free competition within the European Union. However, the development of an ESRM will take much time, in particular when dealing with the relation between that ESRM and domestic security rights in the member states. The reader will also find considerations on the contents of an ESRM and on the outlines of the required additional provisions.

Proprietary Security in Movable Assets

Ulrich Drobnig,Ole Böger
Proprietary Security in Movable Assets Book PDF

Author : Ulrich Drobnig,Ole Böger
Publisher : Otto Schmidt/de Gruyter European Law Publishers
Page : 0 pages
File Size : 51,6 Mb
Release : 2015
Category : Law
ISBN : 386653910X

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Proprietary Security in Movable Assets by Ulrich Drobnig,Ole Böger Pdf

This PEL series volume deals with Proprietary Security in Movable Assets. Since credits usually only are granted against security, the rules on collateral securities in both movables and monetary claims are of great practical importance in the DCFR. The developed rules reflect the status quo of the practical legal situation in the EU Member States. The National Notes aim to cover the legal systems of all Member States.

Proprietary Security in Movable Assets

Ulrich Drobnig,Ole Böger
Proprietary Security in Movable Assets Book PDF

Author : Ulrich Drobnig,Ole Böger
Publisher : European Civil Code
Page : 0 pages
File Size : 43,9 Mb
Release : 2015
Category : Law
ISBN : 0199229430

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Proprietary Security in Movable Assets by Ulrich Drobnig,Ole Böger Pdf

The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's "Principles of European Contract Law", the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanization of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid of reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for molding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The "Principles of European Law" are published in co-operation with Bruylant (Belgium), Oxford University Press (United Kingdom) and Staempfli Publishers Ltd. (Switzerland).

Transfer of Immovables in European Private Law

Luz M. Martínez Velencoso,Saki Bailey,Andrea Pradi
Transfer of Immovables in European Private Law Book PDF

Author : Luz M. Martínez Velencoso,Saki Bailey,Andrea Pradi
Publisher : Cambridge University Press
Page : 449 pages
File Size : 42,7 Mb
Release : 2017-05-25
Category : Law
ISBN : 9781107187092

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Transfer of Immovables in European Private Law by Luz M. Martínez Velencoso,Saki Bailey,Andrea Pradi Pdf

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

Principles, Definitions and Model Rules of European Private Law

Christian von Bar (jurist),Hans Schulte-Nölke,Study Group on a European Civil Code,Research Group on the Existing EC Private Law
Principles Definitions and Model Rules of European Private Law Book PDF

Author : Christian von Bar (jurist),Hans Schulte-Nölke,Study Group on a European Civil Code,Research Group on the Existing EC Private Law
Publisher : sellier. european law publ.
Page : 656 pages
File Size : 53,7 Mb
Release : 2009
Category : Law
ISBN : 9783866530973

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Principles, Definitions and Model Rules of European Private Law by Christian von Bar (jurist),Hans Schulte-Nölke,Study Group on a European Civil Code,Research Group on the Existing EC Private Law Pdf

The Draft of a Common Frame of Reference (DCFR) is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law. A year ago, an interim outline edition of the Draft Common Frame of Reference (DCFR) was published by sellier. european law publishers (Germany). It covered the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text was to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003. Now available for the first time is the final outline edition of the DCFR. This final outline edition covers major new topics and includes a revised and expanded list of definitions. This revision of the interim outline edition takes public discussion into account and also contains an additional section on the principles underlying the model rules. In late 2009, the six-volume full edition of the DCFR, including all comments and notes, will be published.

Rules for the Transfer of Movables

Wolfgang Faber,Brigitta Lurger
Rules for the Transfer of Movables Book PDF

Author : Wolfgang Faber,Brigitta Lurger
Publisher : Walter de Gruyter
Page : 281 pages
File Size : 42,9 Mb
Release : 2009-04-27
Category : Law
ISBN : 9783866537002

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Rules for the Transfer of Movables by Wolfgang Faber,Brigitta Lurger 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.

Coherence and Fragmentation in European Private Law

Pia Letto-Vanamo,Jan Smits
Coherence and Fragmentation in European Private Law Book PDF

Author : Pia Letto-Vanamo,Jan Smits
Publisher : Walter de Gruyter
Page : 184 pages
File Size : 53,8 Mb
Release : 2012-08-31
Category : Law
ISBN : 9783866539655

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Coherence and Fragmentation in European Private Law by Pia Letto-Vanamo,Jan Smits Pdf

One of the most important characteristics of today’s private law is that it increasingly flows from different sources: Next to national legislation and case law, it is also shaped by European and supranational sources and rapidly becoming a mixture of differently oriented rules and principles. This development can be described as one from coherence to fragmentation. The aim of the new book is to consider how this important shift has worked out in different subfields of the law like in contract and property law, in competition, insurance, marketing and private international law as well as in the law of intellectual property. This cross-disciplinary approach shows how pervasive legal fragmentation has become, and points out how to remedy the adverse effects it brings with it. The volume is therefore indispensable for anyone interested in how Europeanisation affects national private laws.

The Future of European Property Law

Sjef Erp van,Arthur Salomons,Bram Akkermans
The Future of European Property Law Book PDF

Author : Sjef Erp van,Arthur Salomons,Bram Akkermans
Publisher : Walter de Gruyter
Page : 256 pages
File Size : 44,5 Mb
Release : 2012-05-29
Category : Law
ISBN : 9783866539310

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The Future of European Property Law by Sjef Erp van,Arthur Salomons,Bram Akkermans Pdf

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

Secured Credit in Europe

Teemu Juutilainen
Secured Credit in Europe Book PDF

Author : Teemu Juutilainen
Publisher : Bloomsbury Publishing
Page : 360 pages
File Size : 49,8 Mb
Release : 2018-03-22
Category : Law
ISBN : 9781509910076

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Secured Credit in Europe by Teemu Juutilainen Pdf

This monograph seeks the optimal way to promote compatibility between systems of proprietary security rights in Europe, focusing on security rights over tangible movables and receivables. Based on comparative research, it proposes how best to tackle cross-border problems impeding trade and finance, notably uncertainty of enforceability and unexpected loss of security rights. It offers an extensive analysis of the academic literature of more recent years that has appeared in English, German, the Scandinavian languages and Finnish. The author organises the concrete means of promoting compatibility into a centralised substantive approach, a centralised conflicts-approach, a local conflicts-approach and a local substantive approach. The centralised approaches develop EU law, and the local approaches Member State laws. The substantive approaches unify or harmonise substantive law, while the conflicts approaches rely on private international law. The author proposes determining the optimal way to promote compatibility by objective-based division of labour between the four approaches. The objectives developed for that purpose are derived from the economic functions of security rights, the conditions for legal evolution and a transnational conception of justice. This book is an important contribution to the future of secured transactions law in Europe and more widely. It will be of interest to academics, policymakers and legal practitioners involved in this field.

The Interaction of Contract Law and Tort and Property Law in Europe

Christian von Bar,Ulrich Drobnig
The Interaction of Contract Law and Tort and Property Law in Europe Book PDF

Author : Christian von Bar,Ulrich Drobnig
Publisher : Walter de Gruyter
Page : 574 pages
File Size : 41,5 Mb
Release : 2009-04-27
Category : Law
ISBN : 9783866537316

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The Interaction of Contract Law and Tort and Property Law in Europe by Christian von Bar,Ulrich Drobnig Pdf

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.

European and National Property Law

J. H. M. van Erp
European and National Property Law Book PDF

Author : J. H. M. van Erp
Publisher : Europa Law Publishing
Page : 44 pages
File Size : 41,5 Mb
Release : 2006
Category : Property
ISBN : 9076871744

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European and National Property Law by J. H. M. van Erp Pdf

This volume of The Walter van Gerven Lectures series examines the relationship between European and national property law. One of the pillars of the economic constitution of the EU is what might be called "freedom of property." It is, however, not really clear what is meant by "property" and "property rights" in a private law sense. How can property rights, or rights against the world, be defined at a European level? Under the surface of the differing rules, European property law systems seem to share several leading policies and principles, yet existing differences should not be ignored. A search for common policies, principles, concepts, and rules is badly needed. The lecture documented in this book provides research, examining problem areas and presenting suggestions.

European Private Law - Current Status and Perspectives

Reiner Schulze,Hans Schulte-Nölke
European Private Law Current Status and Perspectives Book PDF

Author : Reiner Schulze,Hans Schulte-Nölke
Publisher : Walter de Gruyter
Page : 289 pages
File Size : 41,9 Mb
Release : 2011-03-30
Category : Law
ISBN : 9783866539334

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European Private Law - Current Status and Perspectives by Reiner Schulze,Hans Schulte-Nölke Pdf

Business law and labour law are driving forces and core areas of European private law. New concepts and approaches are thus required that are not limited to civil law and that are different from those traditionally embraced by national private law. These new challenges regarding the current status and perspectives of European private law are discussed in this volume by sixteen highly reputed researchers from across Europe. The contributions concern various areas of European private law, including contract, property, company, competition and labour law. This book will be an invaluable source for all those working on European law and private law within Europe.

Personal Security

Ulrich Drobnig
Personal Security Book PDF

Author : Ulrich Drobnig
Publisher : sellier. european law publ.
Page : 600 pages
File Size : 54,5 Mb
Release : 2007
Category : Civil law
ISBN : 9783935808422

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Personal Security by Ulrich Drobnig Pdf

The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's "Principles of European Contract Law", the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The "Principles of European Law" are published in co-operation with Stämpfli, Bern (Switzerland). For other co-operation-partners and for more information see www.sellier.de.

Commercial Trusts in European Private Law

Michele Graziadei,Ugo Mattei,Lionel Smith
Commercial Trusts in European Private Law Book PDF

Author : Michele Graziadei,Ugo Mattei,Lionel Smith
Publisher : Cambridge University Press
Page : 630 pages
File Size : 47,6 Mb
Release : 2005-11-03
Category : Law
ISBN : 9781139448161

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Commercial Trusts in European Private Law by Michele Graziadei,Ugo Mattei,Lionel Smith Pdf

In European legal systems, a variety of approaches to trust and relationships of trust meet the universal professionalisation of asset management services. This book explores that interface in order to seek a better understanding of the legal regulation of the entrustment of wealth. Within the methodology of the Common Core of European Private Law, the book sets out cases on the establishment and termination of management relationships, obligations of loyalty and of professionalism, and the choice of law. More specialized cases address collective investment, collective secured lending, pension funds, and securitisation. Reports on these cases from fifteen jurisdictions of the European Union tackle fundamental problems of trust law and show which legal techniques are deployed to solve them across Europe. In addition to a much-needed comparative treatment of the subject, the book discusses the scholarly setting for the issues and gives guidance on the terminology in the evolving European scene.