The delivery requirement and the transfer of movable corporeal goods.

The Belgian, as well as the French, transfer system is often presented to be consensual, meaning that the obligatory agreement not only gives rise to the existence of contractual rights and obligations, but also triggers the proprietary effects of the agreement. However, from a comparative, as well as from a historical, point of view, not the consensus, butthe delivery requirement seems to be essential for the transfer of movable corporeal goods. My research examines the possible existence of sucha delivery requirement in the Belgian transfer system of movable corporeal goods, considering some exceptions, such as the so-called "retentionof ownership clause", where the obligatory agreement and the transfer of property rights are separated from one another, and the "double sale" where the person who has first been given possession will prevail and will be considered as owner at the requirement that his possession is in good faith.

Keywords:Delivery requirement, Transfer of movables, Transfer of possession, Consensual transfer system

Disciplines:Law

Project type:PhD project