Consignments and the Draft Common Frame of Reference

Pravni Zapisi: Godina II, No. 2, pp. 358-397, 2011

42 Pages Posted: 11 Jan 2012

See all articles by Tibor Tajti (Thaythy)

Tibor Tajti (Thaythy)

Central European University-Private University, Vienna, Austria

Date Written: December 1, 2011

Abstract

One of the novelties of Book IX of the most recent achievement of European efforts aimed at harmonization of private laws, the Draft Common Frame of Reference, concerns the subjection of some types of consignments to secured transactions law. The paper endeavors to unearth, what main dilemmas are corollary to, and what factors may justify transplantation of a solution from a system based on ‘functional approach’ – Article 9 of the American Uniform Commercial Code – into a law predominantly still based on system thinking (legal dogmatism).

Keywords: consignment, harmonization of European private law, draft common frame of reference, uniform commercial code of the United States of America, consignment as a secured transaction, transplantation, function approach, legal dogmatism, behavioral economics, ostensible ownership (false wealth

Suggested Citation

Tajti (Thaythy), Tibor, Consignments and the Draft Common Frame of Reference (December 1, 2011). Pravni Zapisi: Godina II, No. 2, pp. 358-397, 2011, Available at SSRN: https://ssrn.com/abstract=1983171

Tibor Tajti (Thaythy) (Contact Author)

Central European University-Private University, Vienna, Austria ( email )

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