International Reservation of Title Clauses:A Study of Dutch, French and German Private International Law in the Light of European Law de Jacobien Rutgers

International Reservation of Title Clauses:A Study of Dutch, French and German Private International Law in the Light of European Law

Jacobien Rutgers

en Limba Engleză Paperback – 10 sep 1999

The rules of substantive law relating to the reservation of title clause differ from country to country. This book addresses problems which may arise if a reservation of title clause is employed within international transactions, especially transactions between Germany, France, and the Netherlands. The author seeks the solution in private international law, since other means of addressing the problem, such as harmonization and unification of substantive law rules, have failed so far.

This book is strong in its analysis of the various conflict of laws solutions and pioneering in how it deals with the question of the extent to which rules of private international law in this field must be in compliance with European law. The consequences of the various modes in which such compliance may be achieved are carefully analysed.

This study is an important contribution to the understanding of European integration in a hitherto relatively neglected subject area and is suitable for a wide range of potential readers; both academics and practitioners in private international law and European law should find it of great interest.

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Cuprins

Preface; List of abbreviations; Introduction; 1. Substantive law; 1.1 Dutch substantive law; 1.2 German substantive law; 1.3 French substantive law; 1.4 Conclusions; 2. Private international law and international jurisdiction; 2.1 Introduction; 2.2 International jurisdiction rules; 2.3 Dutch private international law; 2.4 German private international law; 2.5 French private international law; 2.6 Conclusions; 3. The influence of European law on the conflict rules governing a reservation of title clause; 3.1 Introduction; 3.2 Private international law and the four freedoms; 3.3 The applicable provision of the EC treaty; 3.4.1 The scope of Article 30; 3.5 Exceptions to the free movement of goods; 3.6 Mutual recognition; 3.7 Conclusions; 4. Conclusions; Table of cases; Bibliography; Index.