Some European Decisions on Non-Possessory Security Rights in Private International Law

Abstract

THERE exists a wealth of English language literature on the problems concerning the private international law of non-possessory security rights such as chattel mortgage or retention of title.' However, it appears that decisions of European courts on the change of situs of encumbered movables have not yet been discussed to any extent in English. In view of the close economic and political connections between the United Kingdom and continental Europe it is submitted that these decisions and their possible application to chattels used as a security in England and subsequently removed to a continental jurisdiction are of interest. It is therefore proposed to give a survey of the relevant decisions rendered mainly since the 1950s by the courts of eight European jurisdictions, of which the majority are Member States of the European Communities, to discuss their possible application to English non-possessory security rights, and finally to venture a view as to the way English courts might treat foreign chattel mortgages.