PhD cum laude for Emil Verheul
On Thursday 11 January, Emil Verheul, lecturer in Private Law and Notary Law, defended his PhD thesis entitled 'The retention of title clause'. For this he was awarded a cum laude distinction,– an exceptional achievement in the Groningen Law Faculty.
The retention of title clause is an important clause in commercial transactions. On the one hand, the clause establishes that the seller does not lose his right of ownership until the buyer pays the purchase price. On the other hand, the clause also realizes that the buyer can already use the sold thing and that the buyer, without any further action, becomes owner of the sold thing at the time that he pays the purchase price. In the Dutch doctrine, however, uncertainties exist about the character of the retention of title clause: Isn’t the reservation of ownership in fact a security right? Why do parties not have to comply the requirements for establishing a security right and why do the rules for security rights not apply to the retention of title clause? What is the position of the seller and buyer during the period in which it is not yet clear whether the buyer actually pays the purchase price?
Last modified: | 17 July 2023 10.17 a.m. |
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