Book contents
- Frontmatter
- Contents
- General editors' preface
- Preface
- List of contributors
- Table of cases cited by name
- Table of legislation
- Part I Introduction and context
- Part II The case studies
- List of abbreviations
- Bibliographies
- Glossary
- Case 1 Furniture for a new office
- Case 2 The deceived seller
- Case 3 Machinery supplied to be used by the buyer
- Case 4 Jackets for resale
- Case 5 Motor cars supplied and resold (I)
- Case 6 Motor cars supplied and resold (II)
- Case 7 Supply of material to manufacturer (I)
- Case 8 Supply of material to manufacturer (II)
- Case 9 Too many toasters
- Case 10 Bank loan on the basis of a car fleet
- Case 11 Bank loan for a wholesaler
- Case 12 Bank loan on the basis of money claims (I)
- Case 13 Bank loan on the basis of money claims (II)
- Case 14 Finance leasing of computers
- Case 15 Indebted businessman sells business to brother
- Evaluation: a common core? Convergences, subsisting differences and possible ways for harmonisation
- Index by country
- Index by subject
Case 1 - Furniture for a new office
Published online by Cambridge University Press: 23 December 2009
- Frontmatter
- Contents
- General editors' preface
- Preface
- List of contributors
- Table of cases cited by name
- Table of legislation
- Part I Introduction and context
- Part II The case studies
- List of abbreviations
- Bibliographies
- Glossary
- Case 1 Furniture for a new office
- Case 2 The deceived seller
- Case 3 Machinery supplied to be used by the buyer
- Case 4 Jackets for resale
- Case 5 Motor cars supplied and resold (I)
- Case 6 Motor cars supplied and resold (II)
- Case 7 Supply of material to manufacturer (I)
- Case 8 Supply of material to manufacturer (II)
- Case 9 Too many toasters
- Case 10 Bank loan on the basis of a car fleet
- Case 11 Bank loan for a wholesaler
- Case 12 Bank loan on the basis of money claims (I)
- Case 13 Bank loan on the basis of money claims (II)
- Case 14 Finance leasing of computers
- Case 15 Indebted businessman sells business to brother
- Evaluation: a common core? Convergences, subsisting differences and possible ways for harmonisation
- Index by country
- Index by subject
Summary
(Transfer of ownership – general effects of insolvency on property – statutory rights of unpaid seller – resolutive clause – goods in transit)
A is a producer of office furniture. B buys from A desks and chairs for his newly opened call centre. Since B cannot pay immediately, they agree that payment will be made in three monthly instalments. The contract does not contain any additional clauses of relevance. Without having paid a single Euro, B goes bankrupt two months after delivery of the furniture.
Questions
(a) Does A have any rights in respect of the furniture? In this context, describe also the general effects of insolvency on the property law aspects of the case.
(b) Would the answer change if the parties had agreed that the seller would be entitled to terminate the contract in the event of the buyer's failure to pay? What action would A have to take in that event?
(c) What would the position be if the furniture was not delivered to B, but was in transit, in the hands of a carrier, when B went bankrupt?
- Type
- Chapter
- Information
- Security Rights in Movable Property in European Private Law , pp. 171 - 229Publisher: Cambridge University PressPrint publication year: 2004