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Transfer of Movable Property under U.S. Law

Discussed from a Functional Perspective


Martin Lilja

This book discusses legal rules for three functional commercial conflict situations under the laws of the U.S.A., mainly analyzing the U.C.C., the Bankruptcy Code, Common Law and Equity. In this context, the term conflict situation is meant to address a certain type of conflict arising between certain parties – e.g. buyer, seller, creditors of buyer or seller, or other types of third parties, like former title-holders to the goods – having certain colliding interests in the same property. The three conflict situations addressed in this book are the protection of a buyer in the seller’s insolvency, the protection of a seller in the buyer’s insolvency, and the conflict between a person formerly entitled to the goods and a good faith acquirer.
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(1) This book presents some of the results of a research project financed by the Austrian Science Funds (FWF) at the University of Salzburg, Austria.1 Parts of this text also formed an integral part of my dissertation2 presented at the same university. The idea is to present re-worked material from the dissertation in two books – one book including primarily descriptive material, and one book focusing on methodological issues: concepts, functional approaches and argumentation analysis.3 The present book is the primarily descriptive one; it is written, however, from a functional perspective and includes the arguments motivating the various solutions.

(2) I was fortunate enough to have been invited to combine research and studies at the University of the Pacific, McGeorge School of Law in Sacramento, California.I was there during most of 2011, and the beginning of 2012. The primary person making that possible was Professor Eric McElwain. In addition, I had a lot of help from many others at McGeorge including Dean Elizabeth Rindskopf Parker, administrative personnel, the Westlaw representative Jessica Greathouse, and the JD-candidates Michael Smith and Elena Wilson. I have never been to a friendlier and more welcoming law school – a law school where students and professors interact so casually.4

I am also very thankful, in particular, to Dr. Wolfgang Faber, at the University of Salzburg, since my dissertation is an offspring of a broader work within the project we are working on together; we have had many discussions over ← 5 | 6 → the years and...

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