Schriften zur Europäischen Rechtswissenschaft / European Legal Studies / Etudes juridiques européenes
-
Edited by:
Five leading European Legal Institutes – European Legal Studies Institute (Osnabrück), Molengraaff Institute voor Privaatrecht (Utrecht), Amsterdam Institute voor Privaatrecht, Institute of European and Comparative Law (Oxford) as well as Institut für Zivilrecht, Ausländisches und Internationales Privatrecht (Graz) – are together issuing a series of European Legal Studies.
Im Rahmen der sich intensivierenden vergleichenden Sachenrechtsforschung widmet sich das Werk den Erwerbsrechten. Anhand einschlägiger englischer und deutscher Erscheinungsformen analysiert Frederick Rieländer erstmals systematisch Strukturprinzipien, Wirkungsweise und Funktionen sachenrechtlicher Erwerbsrechte und verdichtet die Ergebnisse in einer eigenen Theorie, die auf der Unterscheidung zwischen Erwerbsrechten und Erwerbswirkungen dinglicher Rechte beruht. Die Studie untersucht u.a. die Anwartschaftsdoktrin, das bailment, das Ersitzungsrecht sowie diverse Transformationsprozesse, die zu einer die Eigenständigkeit des Sachenrechts gefährdenden Strömung beizutragen scheinen.
This excellent series presents comparative study, analysis and evaluation of 28 European legal systems in the field of transfer of movables.
Major topics are
- the notion of ownership,
- the derivative acquisition of ownership (e.g. by a sales contract),
- the good faith acquisition of ownership and other property rights,
- the multiple sale of the same movable,
- the protection of possession, positive (acquisitive) prescription, and
- processing and consolidation.
The work is based on comprehensive country reports (which are to be published) on the relevant legal rules in Europe and has the drafting and publication of text proposals of uniform European rules - with commentary and comparative notes - as its primary goal. It intends to influence the future development of European private law on the EU level.
This fourth volume of the series presents "up-to-date" national reports of
- France
- Belgium
- Bulgaria
- Poland
- Portugal
This excellent series presents comparative study, analysis and evaluation of 28 European legal systems in the field of transfer of movables.
Major topics are
- the notion of ownership,
- the derivative acquisition of ownership (e.g. by a sales contract),
- the good faith acquisition of ownership and other property rights,
- the multiple sale of the same movable,
- the protection of possession, positive (acquisitive) prescription,
and
- processing and consolidation.
The work is based on comprehensive country reports (which are to be published) on the relevant legal rules in Europe and has the drafting and publication of text proposals of uniform European rules - with commentary and comparative notes - as its primary goal. It intends to influence the future development of European private law on the EU level.
This sixth volume of the series presents "up-to-date" national reports of
- The Netherlands
- Switzerland
- Czech Republic
- Slovakia
- Malta
- Latvia
This excellent series presents comparative study, analysis and evaluation of 28 European legal systems in the field of transfer of movables.
Major topics are
- the notion of ownership,
- the derivative acquisition of ownership (e.g. by a sales contract),
- the good faith acquisition of ownership and other property rights,
- the multiple sale of the same movable,
- the protection of possession, positive (acquisitive) prescription,
and
- processing and consolidation.
The work is based on comprehensive country reports (which are to be published) on the relevant legal rules in Europe and has the drafting and publication of text proposals of uniform European rules - with commentary and comparative notes - as its primary goal. It intends to influence the future development of European private law on the EU level.
This fifth volume of the series presents "up-to-date" national reports of
- Sweden
- Norway and Denmark
- Finland
- Spain
This excellent series presents comparative study, analysis and evaluation of 28 European legal systems in the field of transfer of movables.
Major topics are
- the notion of ownership,
- the derivative acquisition of ownership (e.g. by a sales contract),
- the good faith acquisition of ownership and other property rights,
- the multiple sale of the same movable,
- the protection of possession, positive (acquisitive) prescription, and
- processing and consolidation.
The work is based on comprehensive country reports (which are to be published) on the relevant legal rules in Europe and has the drafting and publication of text proposals of uniform European rules - with commentary and comparative notes - as its primary goal. It intends to influence the future development of European private law on the EU level.
This fourth volume of the series presents "up-to-date" national reports of
- France
- Belgium
- Bulgaria
- Poland
- Portugal
This excellent series presents comparative study, analysis and evaluation of 28 European legal systems in the field of transfer of movables.
Major topics are
- the notion of ownership,
- the derivative acquisition of ownership (e.g. by a sales contract),
- the good faith acquisition of ownership and other property rights,
- the multiple sale of the same movable,
- the protection of possession, positive (acquisitive) prescription,
and
- processing and consolidation.
The work is based on comprehensive country reports (which are to be published) on the relevant legal rules in Europe and has the drafting and publication of text proposals of uniform European rules - with commentary and comparative notes - as its primary goal. It intends to influence the future development of European private law on the EU level.
This third volume of the series presents "up-to-date" national reports of
- Germany
- Greece
- Lithuania
- Hungary
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. Starting with general property law issues like the concepts of ownership and possession employed in the different legal systems, and the means by which they are protected, the reports primarily focus on the “derivative” transfer of ownership, but their scope extends to good faith acquisition from a non-owner, acquisitive prescription, processing and commingling, and further related issues.
The reports, prepared by national property law experts, provide the reader with detailed information about the rules, case law and legal literature in the jurisdictions concerned. They serve as a starting point for further comparative research in property law and also as a tool for practitioners searching for information on foreign legal systems.
The Principles of European Law on Commercial Agency, Franchise and Distribution Contracts (PEL CAFDC, 2006) are an academic proposal of the Study Group on a European Civil Code for the European-wide regulation of the contents of these three types of agreements. The academic analysis "Franchising in European Contract Law" focuses on the harmonised Principles on Franchising.
At present all member states of the EU have their own regulation on franchising. This situation might change in the light of the political process of Europeanization of contract law that was initiated by the European Commission in 2001. As a result of that process the Principles on Franchising could be declared a set of rules which might be opted for by the parties to franchising contracts Europe-wide to govern their relationship. In this analysis the main obligations in franchising in PEL CAFDC are compared with those under French and Spanish law.
The main conclusion of this thesis research has been that the main obligations of parties in franchising under the PEL CAFDC resemble those under French and Spanish law. Eventually, differences will arise depending on how national courts weigh the interests of the parties in each case. A second conclusion has been that a choice for the PEL CAFDC instead of for French and Spanish law could be considered a rational alternative concerning the applicable system of remedies and legal certainty.
This is the first 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".
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 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.
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.
