By Wolfgang Faber, Brigitta Lurger
ISBN-10: 3866531370
ISBN-13: 9783866531376
This wonderful sequence of books offers a comparative research, an research, and an assessment of 28 ecu criminal platforms within the box of move of movables. the foremost issues tested contain: the suggestion of possession; the by-product 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 analogous movable; and the safety of ownership, optimistic (acquisitive) prescription, and processing and consolidation. The sequence relies on complete nation studies at the suitable criminal ideas in Europe and has the drafting and book of textual content proposals of uniform ecu principles - with statement and comparative notes - as its fundamental objective. It intends to persuade the long run improvement of eu inner most legislations at the european point. This 6th quantity of the sequence provides updated nationwide reviews for The Netherlands, Switzerland, Czech Rebublic, Slovakia, Malta, and Latvia.
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Extra resources for National Reports on the Transfer of Movables in Europe: The Netherlands, Switzerland, Czech Rebublic, Slovakia, Malta, Latvia
Example text
Sellier. de The Netherlands 20 (c) Finally, the owner is obliged to respect the limitations based upon rules of unwritten law. In the first place, this refers to art. 6:162 BW, the general provision on tort law, stating that a person who commits an unlawful act toward another, which can be imputed to him, must repair the damage the other person suffers as a consequence thereof (§ 1) and that the violation of a rule of unwritten law pertaining to proper social conduct is deemed to be unlawful (§ 2).
Other actions to terminate an © sellier. de 2. Possession 43 unlawful situation qualify also (for example, the denial of a pretended limited right67), as well as accessory actions like requesting an injunction under forfeiture of a penalty. The second paragraph states that the possessor cannot institute the action against a defendant who has a better right to the property. This refers in the first place to the title-holder, but applies also to the detentor (for example, the renter who is entitled to continued use of the property) and to the (former) possessor of the property who was the victim of theft.
J. Mijnssen, Goederenrechtelijke aspecten van ongerechtvaardigde verrijking, Weekblad voor privaatrecht, notariaat en registratie 6657 (2006), p. 174-180. © sellier. 7. 3), the transferability of things or limited rights cannot be excluded contractually: ownership and limited rights are transferable, unless this is precluded by law or by the nature of the right (art. 3:83 § 1 BW). 44 An example of an object made non-transferable by law is the bottom of the territorial sea and of the Waddenzee: according to art.
National Reports on the Transfer of Movables in Europe: The Netherlands, Switzerland, Czech Rebublic, Slovakia, Malta, Latvia by Wolfgang Faber, Brigitta Lurger
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