The decisive influence of publicity on the historical development of continental European floating security rights

Vincent van Hoof

Chapter 4 in Floating Charges in Comparative Perspective, 2025, pp 151-179 from Edward Elgar Publishing

Abstract: The revival in the study and application of Roman law in the late medieval and early modern period led to the recognition of non-possessory security rights across Europe, yet Roman law did not completely supersede private law principles of Germanic origin. From the end of the eighteenthcentury, national civil codes rejected non-possessory security rights in movables for various reasons. From the beginning of the twentieth century, non-possessory security rights made a comeback. Publicly registered rights of pledge over business assets were introduced in most countries and security transfer of ownership without any publicity was recognised in other countries. These approaches still endure but despite their differences, chargors could, and still can, transfer assets free of any encumbrance in their ordinary course of business prior to an event of default.

Keywords: Reception of Roman law; Germanic law; Publicity; Security transfer of ownership; Non-possessory pledge (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035317134
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