Local Traditions v. Academic Law: Collateral Rights over Movables in Holland (c. 1300-c. 1700) ...

In the County of Holland, in the sixteenth and seventeenth centuries the rules regarding security interests in movables changed fundamentally. Rules of doctrine came to be combined with rules found in local law, that is the bylaws of cities and regions. This went together with the re-interpreting of fragments of older bylaws. In 1631 Grotius’ Inleidinghe categorized the lien of the unpaid seller after delivery of the merchandise sold as entailing a reivindicatio . This new rule was adopted in cities in Holland, even though it ran counter the earlier approach that third-party effects of sales i... Mehr ...

Verfasser: Ruysscher, Dave De
Kotlyar, Ilya
Dokumenttyp: Scholarlyarticle
Erscheinungsdatum: 2018
Verlag/Hrsg.: Zenodo
Schlagwörter: debt enforcement / reception / security interests / pledge / seller's lien / insolvency
Sprache: unknown
Permalink: https://search.fid-benelux.de/Record/base-29071137
Datenquelle: BASE; Originalkatalog
Powered By: BASE
Link(s) : https://dx.doi.org/10.5281/zenodo.2296484

In the County of Holland, in the sixteenth and seventeenth centuries the rules regarding security interests in movables changed fundamentally. Rules of doctrine came to be combined with rules found in local law, that is the bylaws of cities and regions. This went together with the re-interpreting of fragments of older bylaws. In 1631 Grotius’ Inleidinghe categorized the lien of the unpaid seller after delivery of the merchandise sold as entailing a reivindicatio . This new rule was adopted in cities in Holland, even though it ran counter the earlier approach that third-party effects of sales in this regard were very limited. Also, the new line of thought that holders with a legitimate title did not respond to pledgees pushed out older conceptions on tracing for some special pledges. In their legal writings Dutch authors that came after Grotius attempted to construe consistent solutions; in the legislative practice of cities, older rules could be preferred over new ones. Bylaws of cities, to which authors of ...