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

By Wolfgang Faber, Brigitta Lurger

This wonderful sequence of books offers a comparative research, an research, and an review of 28 ecu criminal structures within the box of move of movables. the main issues tested comprise: the thought of possession; the by-product acquisition of possession (e.g. by means of 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 relies on finished kingdom studies at the appropriate felony ideas in Europe and has the drafting and booklet of textual content proposals of uniform ecu ideas - with statement and comparative notes - as its basic aim. It intends to steer the longer term improvement of ecu inner most legislation at the ecu point. This 6th quantity of the sequence provides up to date nationwide reviews for The Netherlands, Switzerland, Czech Rebublic, Slovakia, Malta, and Latvia.

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

Example text

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. This is enacted in art. 3:119 § 1 BW. 3. Acquisitive function Possession serves as an acquisitive instrument in several ways: (a) Occupation Ownership of a res nullius is acquired by taking possession thereof, according to art.

Art. 5:44 § 1 BW provides that an owner of land may, in his own right, cut and appropriate plants that hang over his property and belong to a neighbour in the case that the latter, despite a warning from the aforementioned owner of the land, fails to remove the overhanging plants. Similarly, a person may cut and appropriate roots to the extent that they extend upon his land from another’s property (§ 2). Entitling the lessee to make repairs in the case the lessor is neglecting his duty to correct a defect; the lessee may recover the costs, to the extent that these were reasonable, from the lessor, if so desired by deducting them from the rent.

Procedural function The possessor is presumed to be the title-holder – this means that proof of the opposite is permitted. This is enacted in art. 3:119 § 1 BW. 3. Acquisitive function Possession serves as an acquisitive instrument in several ways: (a) Occupation Ownership of a res nullius is acquired by taking possession thereof, according to art. 5:4 BW. 2 and § 16. 57 58 See Pitlo / Reehuis, Heisterkamp, Goederenrecht, no. 355. The presumption of art. 3:119 § 1 BW is set aside in the second paragraph in respect to registered property, where it is established that another party or his predecessor was the title-holder at any time and the possessor could not invoke subsequent acquisition by particular title requiring entry in the registers.

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