Acquisition and Loss of Ownership of Goods – Book VIII of the Draft Common Frame of Reference

Zeitschrift für Europäisches Privatrecht 2/2011

45 Pages Posted: 4 Jun 2011 Last revised: 22 Jun 2011

Lars van Vliet

Maastricht University

Date Written: May 31, 2011

Abstract

This article gives an overview of some of the key subjects of Book VIII DCFR: The Draft Common Frame of Reference. It focuses on the transfer of movables, the transfer by a non-owner, i.e. the rules on bona fide acquisition, and the conflict between a seller who delivered with a retention of ownership clause and the buyer who produces new goods from the goods delivered to him. This last subject is mainly treated in Book IX DCFR. The article explains the rules of the DCFR, criticizes the rules and compares them to Dutch, German and French law, and the UK Sale of Goods Act.

Keywords: DCFR, Common Frame of Reference, Transfer, movable property, movables, specificatio, retention of title, retention of ownership, reservation of title, Book VIII, Book IX, acquisition and loss of ownership, transfer system

JEL Classification: K11

Suggested Citation

van Vliet, Lars, Acquisition and Loss of Ownership of Goods – Book VIII of the Draft Common Frame of Reference (May 31, 2011). Zeitschrift für Europäisches Privatrecht 2/2011. Available at SSRN: https://ssrn.com/abstract=1856004 or http://dx.doi.org/10.2139/ssrn.1856004

Lars Van Vliet (Contact Author)

Maastricht University ( email )

P.O. Box 616
Maastricht, 6200MD
Netherlands

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