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Development and Prospects of the Movable Property Ownership Law in the Light of the Principles of European Private Law (DCFR)

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Issue 2013/7
Pg 443-456

Summary

Starting from 1 December 1993, transfer of movable property ownership is regulated in Estonia by Chapter 6 of the Law of Property Act. Provisions regarding the nature and creation of the possession are also highly important in the creation of movable property ownership (LoPA §§ 32–39).

This article focuses on the issues of transferring movable property ownership by a transaction, regulated by LoPA §§ 92–94. Firstly, the article views the development of the relevant norms and their furnishing throughout the decades. Secondly, the article seeks an answer to the question of whether and in what extent it can be considered probable that the provisions on transferring movable property ownership by a transaction will be extensively reconsidered in the future, taking into consideration the notable efforts that have already been made to harmonise European private law.

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