《THE TRANSFER OF CHATTELS IN PRIVATE IN TERNATIONAL LAW A COMPARATIVE STUDY》求取 ⇩

Ⅰ.INTRODUCTORY:Preliminary Remarks and Scope1

Ⅱ.INTRODUCTORY:Distinction between a Contract and a Transfer of Property4

PART ⅠDetermination of the Connecting Factor in Space17

Ⅲ.THE LAW OF THE DOMICILE17

Ⅳ.THE LEX LOCI ACTUS25

Ⅴ.THE LEX ACTUS31

(1) Definition and scope31

(2) Is the lex actus supported by English authorities?33

(3) Is the application of the lex actus advisable?35

Ⅵ.THE LEX SITUS39

PART ⅡApplication of the Lex Situs53

Ⅶ.CONFLICTS BETWEEN THE PROPER LAW OF THE CONTRACT AND THE LEX SITUS53

Ⅷ.THE PREREQUISITES OF THE TRANSFER66

(1) Capacity to transfer71

(2) Formal validity of the transfer78

(3) Essential validity of the transfer83

Ⅸ.RESCISSION OF A SALE91

Ⅹ.THE PASSING OF RISK97

Ⅺ.TRANSFERS BY NON-OWNERS103

Ⅻ.INVOLUNTARY TRANSFERS113

(1) Acquisitive prescription113

(2) The effect of foreign ad hoc legislation on chattels117

(A) Effect on chattels situated in England120

(B) Effect on chattels situated in the expropriating country or in another foreign country124

XⅢ.PLEDGES,LIENS,'PRIVILEGES'128

(1) The rights of the unpaid seller129

(A) The right of lien133

(B) The right of stoppage in transitu and the right of dissolution136

(C) Privileges142

XⅣ.PRIORITIES OF PROPRIETARY RIGHTS145

PART ⅢDetermination of the Connecting Factor in Time157

XⅤ.CONFLICTS IN SPACE AND TIME157

(1) Conflicts in space157

(2) Conflicts in space and time (dynamic conflicts)157

XⅥ.ACQUISITION OF PROPRIETARY RIGHTS AND CHANGE OF SITUATION162

(1) Complete set of facts in country X and removal to country Y162

(2) Incomplete set of facts in country X and removal to country Y164

XⅦ.THE IMPACT OF THE ACTUAL SITUATION174

(1) The effect of the further transfer is to override prior titles175

(2) The validity of the further transfer in country Y depends on the validity of the first transfer in country X176

(A) Mortgages176

(B) Conditional Sale and Hire-Purchase186

XⅧ.CHATTELS WITHOUT A FIXED SITUATION (Res in transitu)192

(1) Transfers effected without documents of title193

(2) Transfers effected by means of documents of title199

(3) Transfers of ships and other means of transport209

XⅨ.GENERAL CONCLUSION AND RATIONALE216

Select Bibliography221

Index225