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The Rationale of Publicity in the Law of Corporeal Movables and Claims: Meeting the Requirement of Publicity by Registration?

The Rationale of Publicity in the Law of Corporeal Movables and Claims: Meeting the Requirement of Publicity by Registration?

The Rationale of Publicity in the Law of Corporeal Movables and Claims: Meeting the Requirement of Publicity by Registration?

Author: Jing Zhang
Publisher: Eleven International Publishing
ISBN: 9789462362109
Published In: May 2021
Format: Paperback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,157.10

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Description
Contents

Details

In modern society, movables have become an important part of one’s wealth. The transactions concerning movables have noticeably become ever more complicated, implying that the legal relationships of personal property are considerably intricate. Under this pretext the question arises how to preclude conflicts for different transactions to realize the target of ‘preventive justice’ under a strong publicity system.

This book focuses on the traditional aspects of publicity, possession and notification with respect to corporeal movables and claims, and includes a comparative study of English law, German law and Dutch law. The principle of publicity on the basis of possession and notification is nowadays no longer tenable. Instead it is more desirable to introduce registration, traditionally a method of publicity for immovable property, in the law of corporeal movables and claims. In three case studies, this book argues that a system should incorporate secured transactions and trust, and an independent central register should be established as is the case for other jurisdictions.

1. Introduction: Context, Question, Methodology and Outline

2. Property Rights and Publicity

3. Possession and Corporeal Movables

4. Notification, Documental Recordation, and Claims

5. Meeting the Requirement of Publicity by Registration

6. Implications for the Principle of Publicity under the 2020 Chinese Civil Code

Summary

Samenvatting

References

Index

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