Short Summary of the
Project of Working Group “Transfer of Movables”
2005-2009
The Working Group "Transfer of Movables" is
part of the „Study Group on a European Civil
Code“ (SGECC). The SGECC and its
Working Groups are participants 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 (2005-2009). The Working Group
“Transfer of Movables” is sponsored by the
FWF – the Austrian Research Fund
(“Fonds zur Förderung der Wissenschaftlichen
Forschung”) – (2005-2008).
The working language of the Working Group “Transfer
of Movables” (“TOM”) is English. The
project is 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 country 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.
