In Deutschland publizitätslos begründetes Sicherungseigentum nach Grenzübertritt doch nicht unwirksam?

Abstract

This article provides a critical discussion of a recent Supreme Court judgement which, contrary to prior case law, accepts ownership transferred for security purposes under German law, by means of a constitutum possessorium, to be effective after crossing the Austrian border. It is submitted that an adequate solution cannot be derived from Private International Law rules alone, but must include a reform of the substantive law on secured transactions in Austria.