Scandinavian Private Law

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Introduction Compendium to Scandinavian Private Law
Martin Lilja, LLM, University of Salzburg Doctoral student and project assistant in the research groups, ‘Study Group on a European Civil Code’ and ‘Argumentation Analysis in the Field of the Transfer of Movables’

Foreword The purpose of this small compendium is to provide a basic understanding of some special features of Scandinavian1 private Law, in particular in the field of the transfer of movable property. It serves as a preparation to the lesson and should, therefore, preferably, be read beforehand. Since some of the Scandinavian features are completely unknown (and perhaps also considered strange) for an European lawyer, the aim is to discuss these chosen topics in a very simple manner.

Suggested (introductory) literature for additional reading (if someone wants to learn more about it): Two articles from the volume Faber/Lurger, (eds.), Rules on the Transfer of Movables – A Candidate for European Harmonisation or National Reforms? (Sellier European Law Publishers 2008):

• Martinson, C.: How Swedish Lawyers Think about “ownership” and “Transfer of Ownership” – Are we just peculiar or actually ahead? (pp 69-95) • Faber, W.: Skepticism about the Functional Approach from a Unitary Perspective (pp 97-122)

The following article discusses the Scandinavian functional approach in contrast to a “unitary” approach, more from a philosophical angle. I can highly recommend reading it!
1

“Scandinavia” includes Finland, in this compendium.

Martin Lilja, 2009

• Ross, A., Tû-Tû, Harvard Law Review, Vol. 70, No 5 (1957), pp 812-825

These reports are set to be published in the beginning of January: • Lilja, M., National Reports on the Transfer of Movables in Sweden, in Faber/Lurger (eds.), National Reports on the Transfer of Movables in Europe – Volume V (Sellier European Law Publishers) •…...

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