24 Oct 2010

German Moveable Property Law and English Personal Property Law compared

In a paper published recently under the aegis of German Law Archive forum, Andreas Rahmatian has published his paper titled "A Comparison of German Moveable Property Law and English Personal Property Law" to examine and differentiate the laws prevailing in the two countries with respect to the movable property. The paper makes a near-exhaustive analysis of the laws of the two countries in this respect to inter alia conclude that;
the differences between German law and English personal property law are substantial. Both systems rest on quite different epistemic frameworks, despite the functional similarities of their legal institutions in many cases. Nevertheless, within the general movement of European legal integration, there seems to be the belief that the differences should not be overestimated and can eventually be overcome for a Europe-wide harmonisation of private laws. A unification of the property laws in Europe would probably not be able to avoid the destruction of the core principles of each system. But attempts have been made to create EU-wide property rights, mainly security rights, for example a unified mortgage law with regard to land. However, plans for a "euro-hypothec" have proved too complicated and been abandoned. A unification of the laws would put an end to an enriching legal plurality and abolish a functioning competition between the jurisdictions for the better legal solution in a given case.
In all the paper provides interesting insights and draws meaningful lessons for those interested in this area of law while also serving as an apt illustration of comparative analysis of laws.

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