Concepts, functional approaches, and argumentation analysis in the field of the transfer of movables
With a Focus on American and Scandinavian Law
This book presents two interrelated perspectives. The first examines lawmaking at the European level, questioning whether the Uniform Commercial Code (U.C.C.) can serve as a functional model for Europe. In the ongoing European discourse on optimizing rules for transferring movable property, proponents advocate for a “functional” approach that avoids abstract concepts like “ownership.” Instead, it focuses on directly linking legally relevant facts with observable legal consequences. American law, particularly Article 2 of the U.C.C., exemplifies this approach by employing a “narrow-issue” strategy that breaks down legal issues into manageable components, moving away from the previous Uniform Sales Act, which tied numerous consequences to the “transfer of title.” This perspective will evaluate the U.C.C.’s compliance with narrow-issue or functional approach theory, assessing its potential as a model for European lawmaking. The second perspective introduces a method of argumentation analysis for the transfer of movables, suggesting that property law discourse can benefit from tools developed in this field. By segmenting the discourse into functional conflict situations that connect legal facts with consequences, the model emphasizes a functional structure devoid of unnecessary concepts, which will be elaborated upon in the first perspective.
