By Wolfgang Faber, Brigitta Lurger
ISBN-10: 386653101X
ISBN-13: 9783866531017
This glorious sequence of books offers a comparative examine, an research, and an assessment of 28 ecu criminal structures within the box of move of movables. the main themes tested contain: the thought of possession; the spinoff acquisition of possession (e.g. by way of a revenues contract); the great religion acquisition of possession and different estate rights; the a number of sale of an identical movable; and the security of ownership, optimistic (acquisitive) prescription, and processing and consolidation. The sequence relies on entire state stories at the suitable criminal ideas in Europe and has the drafting and ebook of textual content proposals of uniform eu principles - with remark and comparative notes - as its basic aim. It intends to steer the long run improvement of eu inner most legislation at the ecu point. This 3rd quantity of the sequence offers updated nationwide stories for Germany, Greece, Lithuania, and Hungary.
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Extra resources for National Reports on the Transfer of Movables in Europe: Germany, Greece, Lithuania, Hungary
Example text
E. where the disregard of the restriction of transferability constitutes a damage contra bonos mores. ). 2. 1. 1. 142 The concept of ownership as a definitive order accordingly is preceded by the law of possession, which may be conceptualised as a temporary order. Possession thus can be defined as the intentional and factual physical control over a thing, independent of any legal entitlement. The legal standing of possession has been a matter of long-standing dispute, in particular during the nineteenth century.
Cf. §§ 803, 829, 857 Civil Procedure Code. Germany 42 acts – or intends to act – contrary to this obligation. Where the owner disposes of his property in violation of this obligation he can be held liable for this infringement of his contractual obligations, but the legal transactions as such remains valid. The party in whose favour the owner has transferred his property validly acquires ownership. Even where the acquirer has positive knowledge of the agreement restricting transferability, this will not have any detrimental effect in relation to the transfer of ownership, because the agreement only binds the transferor, but not the acquirer.
However, this possibility does not affect the nature of ownership as an all-embracing property right, as such restricted property rights can neither be established permanently nor irrevocably. They are in fact inseparably connected with the right of ownership. 83 The Civil Code in §§ 1018 ff. acknowledges a limited number of different restricted property rights. In contrast to ownership as the all-embracing property right, they are restricted powers next to ownership with respect to the same thing.
National Reports on the Transfer of Movables in Europe: Germany, Greece, Lithuania, Hungary by Wolfgang Faber, Brigitta Lurger
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