By Wolfgang Faber, Brigitta Lurger
This glorious sequence of books provides a comparative examine, an research, and an evaluate of 28 ecu felony platforms within the box of move of movables. the key subject matters tested comprise: the idea of possession; the spinoff acquisition of possession (e.g. by means of a revenues contract); the great religion acquisition of possession and different estate rights; the a number of sale of a similar movable; and the security of ownership, confident (acquisitive) prescription, and processing and consolidation. The sequence is predicated on entire nation experiences at the proper criminal ideas in Europe and has the drafting and e-book of textual content proposals of uniform eu ideas - with statement and comparative notes - as its basic aim. It intends to steer the long run improvement of ecu deepest legislations at the european point. This 3rd quantity of the sequence offers updated nationwide reviews for Germany, Greece, Lithuania, and Hungary.
Read or Download National Reports on the Transfer of Movables in Europe: Germany, Greece, Lithuania, Hungary PDF
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Extra resources for National Reports on the Transfer of Movables in Europe: Germany, Greece, Lithuania, Hungary
Sample text
It grants a restricted right to use another’s land. The owner merely devolves certain particular rights of use, such as a right to pass over another’s land. Similarly a restricted personal servitude only restricts particular actions of the owner and grants those actions to a particular person. e. the right to exclusively use a building or a part of a building (§ 1093), may serve as an example. 87 88 Baur / Stürner, Sachenrecht (1999)17, § 3 no. 37. Baur / Stürner, Sachenrecht (1999)17, § 49 no.
He will have to prove both his ownership and the danger of repetition. Any prohibitory judgment granted will be enforced according to § 890 Civil Procedure Code: further interference with the court order will be punished with coercive measures. As mentioned above, one of the prerequisites of a restraining order is the danger of repetition of the nuisance. The very concept of repetition indicates that a first interference must have taken place. That said, the owner who fears instantaneously impending danger should not be forced to wait for the occurrence of that danger.
This general rule of tort law protects interference with property rights. It is further established that this protection also applies to equitable interests, the equitable interest being acknowledged as ‘another right’ in the meaning of § 823 I. However, the general rules of tort law may to some extent conflict with the provisions particularly tailored to property law. This conflict is resolved by the rule that both the rei vindicatio and the claim for compensation arising from the owner-possessor-relationship prevail over the application of tort law rules, unless property law rules explicitly refer to the latter, as is the case in § 992.