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论文 不动产以及人身担保（英文版），共12页，4989字。
Introduction
In this report we will present, given the space available, a brief overview of Dutch law in regard to real and personal security. First we will discuss the law of real security, followed by a discussion of the law of personal security. We will focus on questions as to which practical and/or theoretical uncertainties exist. Although a major part of the books on patrimonial law of the Dutch Civil Code entered into force 10 years ago, already case law is developing in areas where the codified rules proved to be unclear or imprecise and where legal practice needed solutions which were not laid down in the Civil Code. A general provision which immediately gave rise to considerable uncertainty in legal practice is the rule in art. 3:84(3) C.C.: the so-called ‘fiducia ban’, a ban on fiducia cum creditore: ‘A juridical act which is intended to transfer property for purposes of security or which does not have the purpose of bringing the property into the patrimony of the acquirer, after transfer, does not constitute valid title for transfer of that property’.
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