Recent Case Law - Arrêts récents - Aktuelle Gerichtsentscheidungen

Thomas Petz; Vincent Sagaert; Kim Østergaard; Christina D. 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

Thomas Petz, Vincent Sagaert, Kim Østergaard, Christina D. 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

CBS LAW

Research output: Contribution to journal › Journal article › Research › peer-review

Abstract

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.

Original language	English
Journal	European Review of Private Law
Volume	11
Issue number	6
Pages (from-to)	807-837
Number of pages	31
ISSN	0928-9801
Publication status	Published - 2003

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Petz, T., Sagaert, V., Østergaard, K., Tvarnø, C. D., Tamasauskas, A., Cairns, W., Pironon, V., Hünert, M., Dacoronia, E., Shúilleabháin, M. N., Caterina, R., Van Schaick, B., Pinto, P. M., Macgregor, L., Martín-Casals, M., Igualada, J. R., González, A. R., & Hahn, A.-C. (2003). Recent Case Law - Arrêts récents - Aktuelle Gerichtsentscheidungen. European Review of Private Law, 11(6), 807-837.

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title = "Recent Case Law - Arr{\^e}ts r{\'e}cents - Aktuelle Gerichtsentscheidungen",

abstract = "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{\textquoteright}s statements and behaviour, as well as any expectations that they could reasonably have in this respect.",

keywords = "Privatret, Domssamlinger, EU-ret",

author = "Thomas Petz and Vincent Sagaert and Kim {\O}stergaard and Tvarn{\o}, {Christina D.} and Andreas Tamasauskas and Walter Cairns and Val{\'e}rie Pironon and Matthias H{\"u}nert and Eugenia Dacoronia and Sh{\'u}illeabh{\'a}in, {M{\'a}ire N{\'i}} and Raffaele Caterina and {Van Schaick}, Bert and Pinto, {Paulo Mota} and Laura Macgregor and Miquel Mart{\'i}n-Casals and Igualada, {Jordi Ribot} and Gonz{\'a}lez, {Albert Ruda} and Anne-Catherine Hahn",

year = "2003",

language = "English",

volume = "11",

pages = "807--837",

journal = "European Review of Private Law",

issn = "0928-9801",

publisher = "Kluwer Law International",

number = "6",

}

Petz, T, Sagaert, V, Østergaard, K , Tvarnø, CD, Tamasauskas, A, Cairns, W, Pironon, V, Hünert, M, Dacoronia, E, Shúilleabháin, MN, Caterina, R, Van Schaick, B, Pinto, PM, Macgregor, L, Martín-Casals, M, Igualada, JR, González, AR & Hahn, A-C 2003, 'Recent Case Law - Arrêts récents - Aktuelle Gerichtsentscheidungen', European Review of Private Law, vol. 11, no. 6, pp. 807-837.

TY - JOUR

T1 - Recent Case Law - Arrêts récents - Aktuelle Gerichtsentscheidungen

AU - Petz, Thomas

AU - Sagaert, Vincent

AU - Østergaard, Kim

AU - Tvarnø, Christina D.

AU - Tamasauskas, Andreas

AU - Cairns, Walter

AU - Pironon, Valérie

AU - Hünert, Matthias

AU - Dacoronia, Eugenia

AU - Shúilleabháin, Máire Ní

AU - Caterina, Raffaele

AU - Van Schaick, Bert

AU - Pinto, Paulo Mota

AU - Macgregor, Laura

AU - Martín-Casals, Miquel

AU - Igualada, Jordi Ribot

AU - González, Albert Ruda

AU - Hahn, Anne-Catherine

PY - 2003

Y1 - 2003

N2 - 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.

AB - 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.

KW - Privatret

KW - Domssamlinger

KW - EU-ret

M3 - Journal article

SN - 0928-9801

VL - 11

SP - 807

EP - 837

JO - European Review of Private Law

JF - European Review of Private Law

IS - 6

ER -