Transfer of Movables

The project is part of the "Study Group on a European Civil Code" (SGECC) (as Austrian Working Group on "Transfer of Movables"). The SGECC is participant in the EC Network of Excellence Project "Common Principles of European Contract Law" (CoPECL), which is supported by the EC under the 6th Framework Program on Research and Technology. The working language of the project is English. The project shall be based on a cooperation between researchers of the Universities of Graz and Salzburg. It deals with the comparative study, analysis and evaluation of the legal norms of the EU Member States in the field of transfer of movables. Major topics are the notion of ownership, the derivative acquisition of ownership (e.g. by a sales contract), the good faith acquisition of ownership and other property rights, the multiple sale of the same movable, the protection of possession, positive (acquisitive) prescription, and processing and consolidation. The work is based on comprehensive reports (which are to be published) on the relevant legal rules in the 25 EU Member States and has the drafting and publication of text proposals of uniform European rules - with commentary and comparative notes - as its primary goal. On important issues and problems the project participants will draft comprehensive comparative studies, which will partially also be published. In addition to its tasks within the EC Network Project and the SGECC, the project is intended to contribute to the scientific discourse on basic questions concerning the unification of private law in the EU and on questions of comparative law methodology in the area of personal property law. On both of its tracks - the drafting of text proposals and the analysis of basic background issues - the project intends to influence the future development of European private law on the EU level. In addition it shall provide a deepended, broadened and more international basis of knowledge for the scientific and political discussion of necessary and desirable reforms of existing national rules in the area of transfer of movables in the Member States.

The project "Transfer of Movables" was part of a huger network of researchers from all over Europe (notably the "Study Group on a European Civil Code" and other participants of the FP 6 Framework Program`s Network of Excellence "Common Principles of European Contract Law") who undertook to compare the over 27 different national sets of rules of the EU Member States in the areas of the law of obligations and of property law in order to develop suggestions for rules that could serve as common European rules in the fields concerned. As most important result of the project a set of draft rules on "Acquisition and Loss of Ownership of Movables" was formulated which covers the following questions: Definitions of ownership, possession etc, transfer of ownership based on the transferor`s right or authority, good faith acquisition of ownership (if the goods are sold by a non- authorized non-owner and the buyer does not know of this lack of right or authority), acquisition of ownership by continuous possession (where the possessor is not the owner of the goods), production, combination and commingling, protection of ownership and protection of possession, and some ancillary issues arising on the restitution of goods. These rules where first published in February 2009 as Book VIII of the Draft Common Frame of Reference - Principles, Definitions and Model Rules of European Private Law, Outline Edition, with Sellier. European law publishers, München (prepared by the Study Group on a European Civil Code and the Acquis Group, editors: von Bar, Clive, Schulte-Nölke). Book VIII comprises seven chapters and 59 Articles (pages 421-446). Shortly after that (still in 2009) these rules were published with comments and comparative notes as volume 5 of the Draft Common Frame of Reference Full Edition (Sellier. European law publishers, München). Volume 5 (Book VIII) has 1182 pages. The Notes contain summaries of the laws of the Member States on a particular question and the Comments explain how the differing rules of the Member States pared and evaluated and why the proposed rules were formulated. As another result of the project 6 volumes of country reports, concerning the 28 different European legal orders, will be published with Sellier, München, until the end of 2010. At the end of 2010, the major publication of the project will appear, which is the Lurger/Faber, "Acquisition and Loss of Ownership of Goods" (in the PEL Series of Sellier, München), probably in two volumes, an enlarged and completed version of Volume 5 (Book VIII) of the DCFR Full Edition. As "side products" of the project the involved researchers published a lot of other smaller volumes or scientific articles which reflect the insights gained in the research conducted in the area of comparative property and contract law (among those a Conference volume). The project thus contributes a great deal to the international academic and political discussion on the diversity or unification of property law within the EU: It provides a unique pool of information on the present national rules in the field in 28 European legal systems, suggests methods of comparison and evaluation of these rules and makes a consistent proposal of a system of property law rules which is held to be compatible with the traditions of all Member States. The results of the project are addressed to the academic community as well as to the national and European legislators and politicians.