European Review of Private Law

Volume 11 (2003)

Volume 11 (2003) / Issue 6/6

Thomas Petz, Vincent Sagaert, Kim Østergaard, Christina Tvarnø, Andreas Tamasauskas, Walter Cairns, Valérie Pironon, Matthias Hünert, Eugenia Dacoronia, Máire Ní Shúilleabháin, Raffaele Caterina, Bert van Schaick, Paulo Mota Pinto, Laura MacGregor, Miquel Martín-Casals, Jordi Ribot Igualada, Albert Ruda González, Anne-Catherine Hahn, 'Recent case law/Arrêts récents/Aktuelle Gerichtsentscheidungen' (2003) 11 European Review of Private Law, Issue 6/6, pp. 807–837

Abstract

Transfer of property

While according to Article 545 of the Italian Code of Civil Procedure credits arising from job relations can be seized by creditors only up to one fifth of their value, the Italian Corte di Cassazione (sez. III), 16 June 2003, n. 9630 decided that the rule is aimed at protecting the employee. This protection does not apply in favour of the assignee when the credits are assigned to a third party.

Under Article 3:94 of the Dutch CC, rights that are to be exercised against one or more specifically identified persons are issued by means of a deed intended for that purpose, and notice thereof is given to such persons by the party disposing of, or acquiring, these rights. The Dutch Hoge Raad 16 May 2003, (RvdW 2003, 95) confirmed that, in order to transfer or pledge these rights lawfully, it is necessary and sufficient for the deed to contain such information as makes it possible to determine the rights concerned – if necessary afterwards. In order to determine the exact content of the deed, the judge should also take into account the meaning which the parties, in the relevant circumstances, may reasonably have attributed to each other’s statements and behaviour, as well as any expectations that they could reasonably have in this respect.

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ISSN: 0928-9801
ID: ERPL2003052