Past, Present, and Future of the French “possession vaut titre”-Rule
-
Martine Costa
and
Wolfgang Faber
Abstract
The maxim « En fait de meubles, la possession vaut titre » is recognised world-wide as one of the most central rules of French personal property law. Taking account of the various proposals regarding the interpretation of this rule in national legal literature and court rulings, as well as of recent developments in French law such as the draft proposal for a reform of French property law submitted by the Association Henri Capitant in 2008, this article undertakes to analyse in which direction French law should preferably develop in a possible future legislative reform project. The main focus will be on the “acquisitive function” of the possession vaut titre-rule.
Note
This article results from a research project on “Argumentation Analysis in the Field of Transfer of Movables”, financed by the Austrian Funds for Scientific Research (Fonds zur Förderung der wissenschaftlichen Forschung, FWF), project no. P21075. Thanks go to Janet Reznicek for linguistic support.
© 2014 Walter de Gruyter GmbH, Berlin/Boston
Articles in the same Issue
- Frontmatter
- Frontmatter
- Editorial
- Mortgage registration as a sequel of private loan registration?
- Articles
- Quaedam Meditationes Caledoniae: The Property/Succession Borderland
- The fundamental differences in the principles governing Property Law and Succession from a South African Law perspective
- Past, Present, and Future of the French “possession vaut titre”-Rule
Articles in the same Issue
- Frontmatter
- Frontmatter
- Editorial
- Mortgage registration as a sequel of private loan registration?
- Articles
- Quaedam Meditationes Caledoniae: The Property/Succession Borderland
- The fundamental differences in the principles governing Property Law and Succession from a South African Law perspective
- Past, Present, and Future of the French “possession vaut titre”-Rule
