La reserva de dominio: naturaleza y efectos sobre muebles e inmuebles
The retention of title clause has become one of the most controversial institutions of our Contract Law. Among the various constructions that try to explain the figure, the suspensive condition of the transfer is the one which responds best, not only to the will of the parties and to their declar...
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Format: | Article |
Language: | Spanish |
Published: |
2020
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Subjects: | |
Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7504478 |
Source: | Anuario de derecho civil, ISSN 0210-301X, Vol. 73, Nº 2, 2020, pags. 491-558 |
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Summary: |
The retention of title clause has become one of the most controversial
institutions of our Contract Law. Among the various constructions that try to
explain the figure, the suspensive condition of the transfer is the one which
responds best, not only to the will of the parties and to their declaration, but
also to the protection of their interests. The possible weakness that for the
buyer can derive from that explanation must be corrected by strengthening
his position through the protection of rights in expectation. This ensures that
both the seller and the buyer enjoy adequate protection in case of enforcement
or bankruptcy of the other party or transmission of the property to a
third person. |
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