PhD student: Mrs Dr E.L.C. Dewitte

Promotor: Prof V. Sagaert

Duration: 1/9/2011 - 31/8/2015

PhD defence: Leuven, 9/5/2017

Abstract:

The notion factual universality of goods, through which a plurality of goods is considered as a new entity, is not generally used in legislation. However, research of the Belgian, Dutch, French and German private law results in many applications: the business enterprise, the securities portfolio, a data base, a flock etc. The research aims to formulate a general theory of factual universalities of goods, starting from specific applications of pluralities of goods traditionally recognized as factual universalities. A study on the origin, the historical developments and the sources of the concept will be conducted even as the notion factual universality of goods will be delineated in relation to neighbouring concepts which also create a conglomerate of goods. Further, requirements will be formulated which a plurality of goods have to satisfy in order to be designated as a factual universality. Finally, there will be focussed on the legal effects and the functions of the designation of a plurality of goods as a factual universality.