The Transfer of Property in the Conflict of Laws

The Transfer of Property in the Conflict of Laws
Author: Janeen M. Carruthers
Publisher: Oxford Private International L
Total Pages: 0
Release: 2005
Genre: Law
ISBN: 9780199271474

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This book provides a detailed and up-to-date exposition of English and Scottish rules of choice of law in inter vivos transfers of property. It traces the development of the lex situs rule, and its application to inter vivos dealings with immovable property, tangible movable property(including the special case of cultural property), and intangible movable property (including indirectly held securities).The author offers two alternative models of suggested choice of law rules in property, introducing a greater degree of flexibility into choice of law rules in property, and formulates even-handed solutions to the complex problems of space, time and policy which arise in this area of the conflict oflaws.

Separation and Abstraction in Property Transfers

Separation and Abstraction in Property Transfers
Author: Zhicheng WU
Publisher: BRILL
Total Pages: 285
Release: 2023-05-08
Genre: Law
ISBN: 9004547932

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This book argues that there are three dividing lines regarding modes and consequences of property transfers which should not be conflated by comparative lawyers, namely, intent alone versus intent plus, unitary approach versus separatist approach, and causality versus abstraction. Unlike Chinese law, English law takes a non-unified approach not only in the stage of transfer but also in the stage of restitution, where the consequence in relation to the property right transferred under a flawed underlying basis can be purely causal, purely abstract, and abstract in common law but causal in equity. Nevertheless, abstraction is normatively more justifiable than causality.

National Reports on the Transfer of Movables in Europe: Austria, Estonia, Italy, Slovenia

National Reports on the Transfer of Movables in Europe: Austria, Estonia, Italy, Slovenia
Author: Wolfgang Faber
Publisher: Sellier European Law Pub
Total Pages: 638
Release: 2008
Genre: Law
ISBN: 9783866530737

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This is the first volume of a series of national reports on basic issues concerning the acquisition and loss of ownership of movable assets. The series plans 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." Volume 1 examines Austria, Estonia, Italy and Slovenia. Starting with general property law issues â?? like the concepts of ownership and possession employed in the respective legal systems, and the related means of protection â?? 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.