Summary Ultimate Property & Insolvency Law Table – With Examples

Ultimate Property & Insolvency Law
Mega Table – With Application
Examples
Provision / Jurisdiction Topic Function / Application
Case Summary Example
Art. 544 Code France Ownership Right to enjoy Used to explain
Civil and dispose rights of
within legal land/building
limits owners under
national law.
Art. 903 BGB Germany Ownership Owner may act Used to explain
freely unless it rights of
violates law or land/building
third-party owners under
rights national law.
Art. 5:1 BW Netherlands Ownership Most Used to explain
comprehensive rights of
right; includes land/building
use and owners under
enjoyment national law.
Art. 525 Code France Accession Attached Applies when
Civil objects become items (e.g.
immovable by windows) are
incorporation physically fixed
to buildings.
§94 BGB Germany Accession Item becomes Applies when
immovable if items (e.g.
essential to windows) are
construction physically fixed
to buildings.
Art. 3:3(2) BW Netherlands Accession Structurally Applies when
attached items items (e.g.
become windows) are
immovable physically fixed
to buildings.
Art. 3:92 BW Netherlands Retention of Ownership Invoked when
Title remains with seller tries to
seller until full reclaim goods
payment due to non-
payment.
Art. 3:94 BW Netherlands Assignment of Priority to first Relevant in
Claims notification general
property rights