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.
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.
This book illustrates the influence of early human rights and mass industrialisation on the right to (physically) enforce performance of obligations in France, the German territories and the Netherlands during the nineteenth century. It provides background information to the harmonisation of a controversial concept in European Private Law.
This book contains illuminating and carefully written literature reviews on the central topics of the economics of property rights and institutions. As a bonus, it includes two fascinating chapters on topics off the beaten path slavery and new types of property rights in environmental goods. This book will be indispensible for students and experienced scholars alike. Eric Posner, University of Chicago Law School, US This study covers property law and property rights, providing a full summary and comprehensive bibliography of the existing law, together with discussion from an economic perspective on the most important aspects of property law. Leading experts have brought together their knowledge and insight on a full range of issues including comparative property law and the history of property law to create a truly autonomous interdisciplinary resource. This essential reference work will strongly appeal to scholars and students enrolled in academic programmes of law and economics. Academic lawyers involved in research and teaching of private (common) law, practicing lawyers in the field of real estate law, as well as economists involved in researching development economics and transition economics will also find this an invaluable resource.
Legal rules and principles do not exist in isolation, but form part of a system. In this structural comparison between English and German law, Birke Häcker explores the rules and principles governing impaired consent transfers of movable property and their reversal in two- and three-party situations. This book is a re-publication of a work first published by Mohr Siebeck in Germany.
A standard legal resource since its first edition in 1978, this matchless book has proven itself the ideal overview of Dutch law for foreign lawyers. This Fifth Edition fully updates its systematic description of the legal sources, institutions, and concepts in all major fields of law. Recent developments covered include the progressive implementation of standards set by international conventions, the reorganization of the judiciary, the statute on environmental law, and the (re)codification of private international law. The continuing influence of European law is evident in many fields, perhaps most notably in family law. The various chapters are written by experts – scholars and lawyers – in particular fields, and provide an authoritative overview of each field. The historical sources of Dutch law are discussed, as well as Dutch legal culture, judicial organization, legal education, and the legal profession. These chapters are followed by introductions to essential issues of private and public law and labour law. The last chapter examines questions of legal philosophy. The only resource of its kind available, this book is unmatched as a thorough guide to further research. It offers practitioners, particularly foreign lawyers, a quick and reliable way into any area of Dutch law that they may be required to research. It will also be of great value to comparatists (especially those studying the influence of European law on national legal systems), scholars, and students. Like previous editions, the Fifth Edition has been prepared under the auspices of the Netherlands Comparative Law Association.
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.
