PROTECCIÓN DE LOS TERCEROS ADQUIRENTES Y DE LOS ACREEDORES EN LOS DIVERSOS SISTEMAS TRANSMISIVOS: UN INTENTO DE VALORACIÓN.

Abstract

The variety of ownership-transfer systems in Europe, together with the diversity of schemes applied by the different registration systems, provide varying levels of protection for third party purchasers and creditors in each country. Theoretically there could be multiple combinations of systems, but in fact consensual systems of ownership-transfer tend towards a scheme of simple non-oppositional registration, whereas systems of transfer based on delivery or registration, including the German law, tend to adopt a registration system of public faith. The combination of consensual transfer and non-oppositional registration system creates a serious problem for third purchasers, who can not rely on the ownership of the transferor. On the contrary, the protection provided by abstract system to the goods traffic may appear excessive; and these problems are repeated in each system in relations to creditors. On the other hand the causal transfer of ownership combined with a registration system of public faith avoids all these undesirable consequences.