Retention of Title or the Transfer of Ownership in a Slideway: Ownership in Adultery?

Abstract

Abstract: This analysis takes different view on retention of title than the traditional one. While, traditionally one looks into the protection of the seller and how the latter can be extended or increased, this contribution takes the perspective of the buyer under title retention. Contrary to the general idea, he is already protected on a certain level – which also has proprietary features – before the payment of the full purchase price. Ownership does not pass at one, precise moment but seems to glide from the seller to the buyer in a gradual manner. The moment at which ‘ownership crosses the Rubicon’ is not easy to identify. This not only raises questions on a practical level with regard to the available remedies, but also touches upon the most fundamental issues of property law, such as the standardization of property rights and the exclusivity as essential feature of ownership.