Download National Reports on the Transfer of Movables in Europe: The by Wolfgang Faber, Brigitta Lurger PDF

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  • April 20, 2017
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By Wolfgang Faber, Brigitta Lurger

This wonderful sequence of books offers a comparative learn, an research, and an assessment of 28 ecu felony platforms within the box of move of movables. the most important issues tested contain: the suggestion of possession; the spinoff acquisition of possession (e.g. through a revenues contract); the nice religion acquisition of possession and different estate rights; the a number of sale of an identical movable; and the safety of ownership, confident (acquisitive) prescription, and processing and consolidation. The sequence is predicated on entire kingdom stories at the appropriate criminal ideas in Europe and has the drafting and ebook of textual content proposals of uniform eu ideas - with remark and comparative notes - as its fundamental aim. It intends to steer the longer term improvement of ecu inner most legislation at the european point. This 6th quantity of the sequence provides up to date nationwide stories for The Netherlands, Switzerland, Czech Rebublic, Slovakia, Malta, and Latvia.

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Extra info for National Reports on the Transfer of Movables in Europe: The Netherlands, Switzerland, Czech Rebublic, Slovakia, Malta, Latvia

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The wisdom behind the provision of art. 3:105 has been contested by some, who fear that criminals may be induced to steal priceless objects of art, for example Rembrandt’s Night Watch, in order to hide them for 20 years, after which they are fully entitled to sell them as owners. 2. (c) Transfer Delivery of the ownership of movables is effected by transfer of possession (art 3:90 § 1 BW). The same applies to rights payable to bearer and order (see art. 3:93 BW). 2 sub A. (d) Fruits Separated natural fruits and civil fruits that have become exigible belong to the possessor in good faith (art.

Jansen, Reactie op “Dief wordt vaak geen eigenaar” van mr. C. van Schaick, Weekblad voor privaatrecht, notariaat en registratie 6639 (2005), p. 801-802. © sellier. 2. 1. Defensive function This function refers to the protection of possession, which is based on the fact that the person performing acts of possession is usually also the titleholder. This in itself is considered sufficient reason to protect the possessor in his possession; see art. 4. 2. Procedural function The possessor is presumed to be the title-holder – this means that proof of the opposite is permitted.

1. The criterion “detaining property for oneself” To be in possession implies having animus rem sibi habendi. Nevertheless, the focus of the law is not on the animus itself, but on the behaviour of the possessor, or, to be more precise: on the combination of common opinion and the facts as they appear, with a corrective role for the legal provisions. Compare art. Gesch. Boek 3, p. 424. © sellier. de The Netherlands 32 Whether somebody detains property and whether he does so for himself or for another, is determined according to common opinion, taking into account the following rules48 and, otherwise, the facts as they appear.

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