ZUWENDUNG AND REVERSION OF ENTITLEMENT IN TERMINABLE OWNERSHIP. THE ORGANIC PERSPECTIVE OF REAL EFFECTS CONTRACT AND CONCEPT DETERMINED BY FUNCTION

CARLOS BRAULIO MÉNDEZ REÁTEGUI

Research output: Contribution to journalArticlepeer-review

Abstract

The journal article summarises the central focus of terminable ownership theory through some essential elements and institutional sections. Among them, the main differences from ownership sub condicione are stressed through dingliches Anwartschaftsrecht situations by Eigentumsvorbehalt and Vendita con riserva della proprietà. The normative nature of the time clause in real effects contract, dies certus, is maintained by the character of ultra-activity efficacy and Verbindung test, which evaluates the degree of essentiality it may take regarding ius-economic operation. The institution's definition makes observable the constitutive prominence of Zuwendung nature, as the type of attribution by reversion post-Diem, and of an organic interpretation of the token according to the coherence and interpenetration of the elements which constitute and regulate the real effects agreement.
Original languageSpanish (Ecuador)
JournalInternational Journal of Private Law
StatePublished - 18 Jan 2022
Externally publishedYes

Cite this