Description

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Luise Pelzer analyzes in this study the Swedish understanding of ownership and questions the assumption of the irrelevance of ownership in the situation of transfer of title, which is presented in Sweden. She examines the effects of the functional approach on Swedish property law with its focus on three-person conflicts and its background in Scandinavian legal realism. It becomes clear that claim and reality do not coincide and that turning away from legal concepts brings less added value than a hardly manageable variety of individual cases. At the same time, the Swedish functional approach achieves acceptable practical results and thus clearly demonstrates the diversity of legal concepts of property law in Europe.