Transfer of movables A comparison of the unitary approach and the Scandinavian functional approach

The topic of this study is two competing approaches to transfer of ownership in movables: the unitary approach and the Scandinavian functional approach. It is defining of the unitary approach that legal systems adhering to it operate with a designated moment for the transfer of ownership. At this moment, ownership is in principle transferred in bulk. In the Scandinavian functional approach, no unitary moment for the transfer of ownership is defined. Instead of being structured around the ownership concept, the Scandinavian transfer systems regulate conflicts between competing rights separately.
Through a comparative analysis of French, Dutch, Swedish and Norwegian law, the study assesses the practical implications of following the one or the other approach.
Based on an analysis of the solution to practical conflict situations concerning transfer of movables, it is argued that the difference between the unitary and the functional approach does not lie in the outcome reached in concrete conflicts situations. On this matter, the approaches are agnostic. The study argues that the vital difference between the approaches is in the path taken in reaching these solutions, i.e. the legal reasoning applied by lawyers from legal systems following a unitary and functional approach. Three main differences in thought patterns are identified and explained as expressions of different legal mentalities.