Germany and the Netherlands are countries in which a tradition system is in use. England
has a tradition system for land and for the transfer of chattels not based on a sale agreement
(e.g. barter, which is exchange of goods for other goods or services).
A contract of sale in a tradition system therefore serves as the starting point for
the transaction but in itself does not have effect in property law. The contract is
known as thetitlefor the transfer in these systems.
This title, which is the reason why a property right must be transferred, should not be
confused with the title one can have in an object, and which is comparable to (some variant
of) ownership.
The title does not necessarily have to be a contract of sale. It can also, for
example, be a donation (gift).
Property Agreement In order for the property right to be transferred, the parties
must fulfill the requirements imposed by property law. The acts by means of which
these requirements are met are usually called property agreements or, more
old-fashioned,real agreements.
The exact requirements for a property agreement differ between property rights
on movable objects and property rights on land. In order to transfer a property right
onmovable objects, property law requires the seller to provide the buyer with
factual control, i.e. possession. The transfer of possession occurs on the basis of this
property agreement.
The baker who gives the bread to the customer, the car dealer who hands over the car keys
to the customer, and the web shop which sends the package to the client therewith perform
the property agreement which is necessary for the transfer.
In the case ofimmovables, legal systems require more formalities to be fulfilled.
The buyer and seller conclude a contract of sale, which will be the title to the
transfer, and also conclude a deed, which is an official document in which the
transfer of the property right is dealt with. Depending on the legal system, the deed
is drawn up in front of a state official, usually called a notary or notary public, or
another official such as a solicitor in English law. The deed will be the property
agreement. Finally, for the transfer to have effect, between the parties and to the
outside world, the deed will have to be registered in the land registry (publicity).
5.7.2.2 Transfer of Claims
Incorporeal objects can also be transferred. A creditor of a claim may generally
transfer his claim against the debtor to another person unless the parties who created
the claim have agreed otherwise. When a claim is transferable, the transfer can be
brought about through an agreement between the creditor of the claim and the new
acquirer. Depending on the legal system, this can occur with or without notification
to the debtor of the claim.
If Adam has borrowed money from Beatrice, Beatrice has a claim against Adam for
repayment of the money. Beatrice can transfer this right to payment, i.e. the claim, to
David. David will now be entitled to receive the payment from Adam.96 B. Akkermans