A Factual Assessment of Book 8 of the Draft Common Frame of Reference (Acquisition and Loss of Ownership of Goods)

Abstract:     
Most of the Books of the Draft Common Frame of Reference (DCFR) have been subject to a so-called factual, case-based, assessment. This paper contains the case-based assessment of Book VIII (titled 'Acquisition and loss of ownership of goods'), but also covers a small part of Book IX (which treats security interests on movables). Purpose of the assessment is to take three hypothetical cases and see how the cases should be solved according to the rules of the DCFR and compare this outcome to the outcome in various national systems.

The first case involves the sale of part of a bulk in which the buyer prepays half of the purchase price and in which the seller is declared insolvent before delivery. The second case is about the sale and transfer through constitutum possessorium (attornment by the transferor) by a non-owner to bona fide purchaser. In the third case goods have been sold and transferred under a retention of title clause and the buyer has used the goods to produce new products (specification) before having paid for the goods. All three cases are solved according to Dutch, German, English and French law.

Number of Pages in PDF File: 23

Keywords: DCFR, Common Frame of Reference, Book VIII, acquisition, transfer, movables, causal, abstract, consensual, traditio, specificatio, retention of ownership, retention of title, reservation of title, third party, good faith, bona fide, constitutum possessorium, Dutch law, English law, French law, Swiss

JEL Classification: K11, K12

Accepted Paper Series