Abstract

http://ssrn.com/abstract=2165733
 


 



A Plea for European Conflict Rules on Proprietary Security


Ulrich Drobnig


Max Planck Institute for International and Comparative Private Law

September 1, 2012

Liber Amicorum Ole Lando, pp. 85-102, Michael Joachim Bonell, Marie-Louise Holle, and Peter Arnt Nielsen, eds., Djøf Forlag, 2012
Max Planck Private Law Research Paper No. 12/26

Abstract:     
Ole Lando – to whom this paper is dedicated – has enriched mainly two legal fields: the comparison and unification of the conflict of laws and of substantive contract law. His work and his publications have centred on the European aspects of these two fields. It is therefore appropriate to offer a few ideas on a branch of the European conflict of laws that so far has found little attention – but, in the author’s view, not only deserves, but requires more attention: European conflict rules on movable property.

The necessity of such European conflict rules on proprietary security rights is not new. In fact, they have been debated since the middle of the 1960s, soon after the creation of the Common Market. The Association of European Banks elaborated even a draft Convention on rules dealing with the extraterritorial effects of foreign non-possessory pledges. However, all these efforts failed – primarily, one may assume, because the Romanic countries were not willing to recognize non-possessory, but unregistered security rights in assets imported from other member states. The existing or planned Rome Regulations – from I to V – deal or plan to deal with various matters. But property is not (yet?) mentioned.

This contribution is published in this Research Paper Series as a part of the Liber Amicorum Ole Lando with the generous and exceptional permission of the rights owner, Djøf Forlag.

Number of Pages in PDF File: 19

Keywords: Conflict of laws, security rights, possessory pledge, retention of ownership, European regulations

Accepted Paper Series


Download This Paper

Date posted: October 31, 2012  

Suggested Citation

Drobnig, Ulrich, A Plea for European Conflict Rules on Proprietary Security (September 1, 2012). Liber Amicorum Ole Lando, pp. 85-102, Michael Joachim Bonell, Marie-Louise Holle, and Peter Arnt Nielsen, eds., Djøf Forlag, 2012; Max Planck Private Law Research Paper No. 12/26. Available at SSRN: http://ssrn.com/abstract=2165733

Contact Information

Ulrich Drobnig (Contact Author)
Max Planck Institute for International and Comparative Private Law ( email )
Mittelweg 187
Hamburg, 20148
Germany
Feedback to SSRN


Paper statistics
Abstract Views: 623
Downloads: 113
Download Rank: 142,406
People who downloaded this paper also downloaded:
1. CISG and CESL
By Ulrich Magnus

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.265 seconds