36 Security a core aim

Security is a paramount value in relation to property law and pervades the whole of Book VIII. The rules in Chapter 6 on the protection of ownership and possession provide a particularly clear example. Indeed, in relation to the acquisition and loss of ownership in movables, certainty and predictability of outcome may sometimes be more important that the actual content of the rules. Different approaches, even fundamentally different approaches, can all lead to acceptable results. Again, however, different values have to be balanced against each other. Some methods of increasing security might, for example, inhibit easy transferability. And certainty has to be balanced against fairness, as can be seen very clearly in the rules in Book VIII on production, combination and commingling.1. It almost goes without saying that security is also a core aim of the Book on proprietary security. The whole objective is to enable parties to provide and obtain security for the proper performance of obligations. The rules are comprehensive and cover all types of proprietary security over moveable assets, including retention of ownership devices. They aim at maximum certainty by recommending a registration system for the effectiveness of a proprietary security against third parties.2. A large part of Book IX is concerned with the detailed regulation of this system. Its rules provide effective remedies for creditors wishing to enforce their security.3.