Foreword

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Preface to this volume

Table of Contents

Short Table of Contents

Text of Articles

Principles of European Law on Acquisition and loss of ownership of goods

Introduction

Chapter 1: General provisions

Section 1: Scope of application and relation to other provisions

Article VIII. – 1:101: Scope of application

Article VIII. – 1:102: Registration of goods

Article VIII. – 1:103: Priority of other provisions

Article VIII. – 1:104: Application of rules of Books I to III

Section 2: Definitions

Article VIII. – 1:201: Goods

Article VIII. –1:202: Ownership

Article VIII. –1:203: Co-ownership

Article VIII. – 1:204: Limited proprietary rights

Article VIII. – 1:205: Possession 31

Article VIII. –1:206: Possession by owner-possessor

Article VIII. – 1:207: Possession by limited-right-possessor

Article VIII. – 1:208: Possession through a possession-agent

Section 3: Further general rules

Article VIII. – 1:301: Transferability

Chapter 2: Transfer of ownership based on the transferor’s right or authority

Section 1: Requirements for transfer under this Chapter

Article VIII. – 2:101: Requirements for the transfer of ownership in general

Article VIII. – 2:102: Transferor’s right or authority

Article VIII. – 2:103: Agreement as to the time ownership is to pass

Article VIII. – 2:104: Delivery

Article VIII. – 2:105: Equivalents to delivery

Section 2: Effects

Article VIII. – 2:201: Effects of the transfer of ownership

Article VIII. – 2:202: Effect of initial invalidity, subsequent avoidance, withdrawal, termination and revocation

Article VIII. – 2:203: Transfer subject to condition

Section 3: Special constellations

Article VIII. – 2:301: Multiple transfers

Article VIII. – 2:302: Indirect representation 813 Article VIII. – 2:303: Passing of ownership in case of direct delivery in a chain of transactions

Article VIII. – 2:304: Passing of ownership of unsolicited goods

Article VIII. – 2:305: Transfer of goods forming part of a bulk

Article VIII. – 2:306: Delivery out of the bulk

Article VIII. – 2:307: Contingent right of transferee under retention of ownership

Chapter 3: Good faith acquisition of ownership

Article VIII. – 3:101: Good faith acquisition through a person without right or authority to transfer ownership

Article VIII. – 3:102: Good faith acquisition of ownership free of limited proprietary rights

Chapter 4: Acquisition of ownership by continuous possession

Section 1: Requirements for acquisition of ownership by continuous possession

Article VIII. – 4:101: Basic rule

Article VIII. – 4:102: Cultural objects

Article VIII. – 4:103: Continuous possession

Section 2: Additional provisions as to the period required for acquisition of ownership

Article VIII. – 4:201: Extension in case of incapacity

Article VIII. – 4:202: Extension in case of impediment beyond owner’s control

Article VIII. – 4:203: Extension and renewal in case of judicial and other proceedings

Article VIII. – 4:204: Postponement of expiry in case of negotiations

Article VIII. – 4:205: Ending of period in case of acknowledgement

Article VIII. – 4:206: Period of a predecessor to be taken into account

Section 3: Effects of acquisition of ownership by continuous possession

Article VIII. – 4:301: Acquisition of ownership

Article VIII. – 4:302: Extinction of rights under rules on unjustified enrichment and non-contractual liability for damage

Chapter 5: Production, combination and commingling

Section 1: General provisions

Article VIII. – 5:101: Party autonomy and relation to other provisions

Section 2: Default rules and supplementary provisions

Article VIII. – 5:201: Production

Article VIII. – 5:202: Commingling

Article VIII. – 5:203: Combination

Article VIII. – 5:204: Additional provisions as to proprietary security rights

Chapter 6: Protection of ownership and protection of possession

Section 1: Protection of ownership

Article VIII. – 6:101: Protection of ownership

Article VIII. – 6:102: Recovery of goods after transfer based on invalid or avoided contract or other juridical act

Section 2: Protection of mere possession

Article VIII. – 6:201: Definition of unlawful dispossession and interference

Article VIII. – 6:202: Self-help of possessor

Article VIII. – 6:203: Entitlement to recover as protection of mere possession

Article VIII. – 6:204: Entitlement to protection order to protect mere possession

Section 3: Protection of better possession

Article VIII. – 6:301: Entitlement to recover in case of better possession

Article VIII. – 6:302: Entitlement to protection order in case of better possession

Section 4: Other remedies

Article VIII. – 6:401: Non-contractual liability

Chapter 7: Consequential questions on restitution of goods

Article VIII. – 7:101: Scope

Article VIII. – 7:102: Loss of, or damage to, the goods during possession

Article VIII. – 7:103: Fruits from, use of, and other benefits derived from the goods during possession

Article VIII. – 7:104: Expenditure on, or parts added to, the goods during possession

Annexes