基本説明
The essays included discuss whether divergences of property law on contractual security rights in movables is an obstacle to the internal market and, if so, what solutions could be offered.
Description
(Text)
The work is inspired by the comparative study by von Bar and Drobnig as published in "The Interaction of Contract Law and Tort and Property Law in Europe" (2004). Out of a transnational (comparative and EU-oriented) perspective the essays included discuss whether divergences of property law on contractual security rights in movables constitute an obstacle to the internal market and, if so, what solutions could be offered.
Unification or harmonisation of private international law cannot offer an adequate solution, while unification of domestic security laws could. However, the latter will take a very long time, partly due to the specific nature of property law.
The contributing authors support that process for the main part. Meanwhile they advocate the development of a European Security Right in Movables (ESRM) in addition to the respective contemporary national security rights. A real ESRM would clearly support free competition within the European Union. However, the development of an ESRM will take much time as well, keeping in mind that it also requires additional provisions, in particular on the relation between that ESRM on the one hand and domestic security rights in the member states on the other hand. In this book the reader will also find considerations on the contents of an ESRM and on the outlines of the required additional provisions.
(Table of content)
A. General Introduction1. Divergences of Property Law, an Obstacle to the Internal Market?Ulrich Drobnig, Henk Snijders and Erik-Jan ZipproB. Transfer and Creation of Property Rights in General2. General Aspects of Transfer and Creation of Property Rights including Security RightsFrank M.J. Verstijlen3. General Aspects of Transfer and Creation of Property Rights, including Security RightsComments by Torgny H stadC. Effects of Security Rights4. The Effect of Security Rights Inter PartesAndrew J M Steven5. The Effect of Security Rights Inter Partes; some observations from a Netherlands law perspectiveComments by Reinout D. Vriesendorp6. Effect of Security Rights vis-à-vis Third PersonsEric Dirix7. Effect of Security Rights vis-à-vis Third PersonsComments by Meinhard LukasD. Recognition and Adaptation of Foreign Security Rights8. Recognition and Adaptation of Foreign Security RightsUlrich Drobnig9. Recognition, Enforcement and Transformation of Foreign Proprietary Rights a handful of observations and suggestionsComments by Maurice V. PolakE. Consequences of General Standards of EU Law10. Diversity between National Laws in the Internal MarketStephen WeatherillF. European Regulation of Security rights11. Access to Civil Securities and Free Competition in the EU, a Plea for One European Security Right in MovablesHenk J. Snijders12. European Regulation of Security RightsComments by Eva-Maria KieningerG. Legal, Economic and Social Aspects (analysis of factual obstacles to a properly functioning internal market)13. Divergences of the Law on Securities. A Law and Economics ApproachBoudewijn Bouckaert14. Analysis of Obstacles to the Proper Functioning of the Internal Market: Legal, Economic and Social Aspects A CommentComments by Georges AffakiH. Harmonisation of National Security rights15. Harmonisation of National Security RightsWillem (Pim) Rank16. Harmonisation of Security Rights and the Communications on Contract LawComments by Jacobien W. RutgersI. Summary of the Discussion17. Summary of the Discussion at Leiden UniversityKristof Cox
