International Reservation Of Title Clauses A Study Of Dutch French And German Private International Law In The Light Of European Law

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International Reservation Of Title Clauses A Study Of Dutch French And German Private International Law In The Light Of European Law

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Author : Jacobien Rutgers
language : en
Publisher: T.M.C. Asser Press
Release Date : 2011-01-18

International Reservation Of Title Clauses A Study Of Dutch French And German Private International Law In The Light Of European Law written by Jacobien Rutgers and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-18 with Law categories.

The reservation of title clause plays an important role in contemporary trade. Financially, the reservation of title clause is a cheap and simple form of credit granted by the seller without the involvement of a third party. Legally, the reservation of title clause is more complicated, as it constitutes a transfer of title under a condition precedent; the seller remains the owner of the asset sold until the full price is paid. The rules of substantive law relating to the reservation of title clause differ from country to country. Uniform or harmonized rules of substantive law - or even of private international law - are wanting. In this book, submitted as a doctoral thesis to the European University Institute, Department of Law, Florence, Italy, Ms Jacobien W. Rutgers addresses the question as to the problems which may arise if a reservation of title clause is employed within international transactions, especially transactions between Germany, France, and the Netherlands, and in which mode a solution can be found. The author seeks the solution in private international law, since other means of addressing the problem, such as harmonization and unification of substantive law rules, have failed so far. The book is strong in the analysis of the various conflict of laws solutions and pioneering in how it deals with the question of the extent to which the rules of private international law in this field must be in compliance with European law.

International Reservation Of Title Clauses A Study Of Dutch French And German Private International Law In The Light Of European Law

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Author : Jacobien Rutgers
language : en
Publisher: T.M.C. Asser Press
Release Date : 1999-09-10

International Reservation Of Title Clauses A Study Of Dutch French And German Private International Law In The Light Of European Law written by Jacobien Rutgers and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-09-10 with Law categories.

The reservation of title clause plays an important role in contemporary trade. Financially, the reservation of title clause is a cheap and simple form of credit granted by the seller without the involvement of a third party. Legally, the reservation of title clause is more complicated, as it constitutes a transfer of title under a condition precedent; the seller remains the owner of the asset sold until the full price is paid. The rules of substantive law relating to the reservation of title clause differ from country to country. Uniform or harmonized rules of substantive law - or even of private international law - are wanting. In this book, submitted as a doctoral thesis to the European University Institute, Department of Law, Florence, Italy, Ms Jacobien W. Rutgers addresses the question as to the problems which may arise if a reservation of title clause is employed within international transactions, especially transactions between Germany, France, and the Netherlands, and in which mode a solution can be found. The author seeks the solution in private international law, since other means of addressing the problem, such as harmonization and unification of substantive law rules, have failed so far. The book is strong in the analysis of the various conflict of laws solutions and pioneering in how it deals with the question of the extent to which the rules of private international law in this field must be in compliance with European law.

International Reservation Of Title Clauses Between Legal Certainty And Flexibility

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Author : Jacobien W. Rutgers
language : en
Publisher:
Release Date : 1998

International Reservation Of Title Clauses Between Legal Certainty And Flexibility written by Jacobien W. Rutgers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Conditional sales categories.

The Future Of European Property Law

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Author : Sjef Erp van
language : en
Publisher: Walter de Gruyter
Release Date : 2012-05-29

The Future Of European Property Law written by Sjef Erp van and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-29 with Law categories.

European integration has a growing impact on the property law systems of the EU Member States. The tensions which can be seen are considerably greater than in other areas of private law, given the technically complex and mandatory nature of property law. In this book current developments in European property law (particularly the Draft Common Frame of Reference) are analysed and evaluated, focussing on secured transactions and mortgage law. With contributions by academic and practicing lawyers, containing: Transfer of ownership and good faith acquisition: the rules in the Member States and in Book VIII of the DCFR Secured transactions and the DCFR Registration of intellectual property rights Trusts - from a Common and a Civil lawyer’s perspective The border area between property law and contract law: securities

The Cambridge Companion To European Union Private Law

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Author : Christian Twigg-Flesner
language : en
Publisher: Cambridge University Press
Release Date : 2010-05-20

The Cambridge Companion To European Union Private Law written by Christian Twigg-Flesner and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-05-20 with Law categories.

A critical 2010 introduction to European Private Law, written by the leading scholars in the field.

The New European Private Law Vol 3 Essays On The Future Of Private Law In Europe

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Author : Martijn Hesselink
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2002-10-16

The New European Private Law Vol 3 Essays On The Future Of Private Law In Europe written by Martijn Hesselink and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-10-16 with Law categories.

In The New European Private Law, Martijn W. Hesselink presents a revised and supplemented collection of essays written over the last five years on European private law. He argues that the creation of a common private law in Europe is not merely a matter of rediscovering the old ius commune or of neutrally establishing the present 'common core' which may be codified in a European Civil Code. Rather, it is a matter of making choices, some of which may be highly controversial. In this book he discusses some of the most important choices which will have to be made with regard to culture, principles, politics, models, rights, concepts and structure in the new European private law.

The Oxford Handbook Of Comparative Law

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Author : Mathias Reimann
language : en
Publisher: Oxford University Press
Release Date : 2019-03-26

The Oxford Handbook Of Comparative Law written by Mathias Reimann and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-26 with Law categories.

This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.

Party Autonomy In International Property Law

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Author : Roel Westrik
language : en
Publisher: Walter de Gruyter
Release Date : 2011-06-30

Party Autonomy In International Property Law written by Roel Westrik and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-30 with Law categories.

Party autonomy is a subject that is traditionally rejected in the field of property law. Legal systems throughout Europe and most parts of the world still found their property law on the lex situs. This point of view, however, is challenged more and more. The immense intensification of worldwide trade may have turned boundaries between countries into barriers in a world that needs flexibility. This book deals with important questions concerning this problem, including: What happens to property rights related to movables and claims when borders are crossed? Do we recognize a German retention of title or an American security right? Which law will apply: the law of the country of origin, the lex situs or the law of the country of destination? How does legislation concerning financial instruments relate to the problem, and what is it all worth in insolvency situations?

2000

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Author : Petar Sarcevic
language : en
Publisher: Walter de Gruyter
Release Date : 2009-04-27

2000 written by Petar Sarcevic and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-04-27 with Law categories.

With articles by Eric Clive, Manuel Rui Moura Ramos, William Duncan, national reports from Australia, the United States, Italy, Macao and Brazil and news from The Hague as well as texts, materials and recent developments.

Netherlands International Law Review

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Author :
language : en
Publisher:
Release Date : 2001

Netherlands International Law Review written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Comparative law categories.