The German Property Law and its Principles – Some Lessons for a European Property Law

Chapters in this book

1. Frontmatter I
2. Contents VII
3. Introduction to the Project ‘Transfer of Movables’: Organisational Framework, Basic Issues and Goals 1
4. Consensual versus Delivery Systems in European Private Law – Consensus about Tradition? 9
5. Private Autonomy in Property Law: Can the Parties ‘Design’ their Transfer? 47
6. An Abstract or a Causal System 59
7. How Swedish Lawyers Think about ‘Ownership’ and ‘Transfer of Ownership’ – Are We Just Peculiar or Actually Ahead? 69
8. Scepticism about the Functional Approach from a Unitary Perspective 97
9. The Relationship between Transfer Rules and Rules on Creditors’ Avoidance of Debtor’s Transactions 123
10. How to Draft New Rules on the Bona Fide Acquisition of Movables for Europe? Some Remarks on Method and Content 141
11. Good Faith Acquisition – Why at all? 155
12. Fiduciary Transfer and Ownership 161
13. Obligatory and Proprietary Rights: Where to Draw the Dividing Line – If at all? 175
14. The German Property Law and its Principles – Some Lessons for a European Property Law 197
15. Intellectual Property Rights: ‘Property’ or ‘Right’? The Application of the Transfer Rules to Intellectual Property 217
16. Unification in the Field of Property Law from the Perspective of European Law 239
17. Transfer of Ownership in Recent Reform Projects: Estonia 249
18. Protection and Transfer of Possession 255
19. Backmatter 267