Legal rules and principles do not exist in isolation, but form part of a system. In this structural comparison between English and German law, Birke Häcker explores the rules and principles governing impaired consent transfers of movable property and their reversal in two- and three-party situations.

This book is a re-publication of a work first published by Mohr Siebeck in Germany.

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In this structural comparison between English and German law, Birke Häcker explores the rules and principles governing impaired consent transfers of movable property and their reversal in two- and three-party situations.
Les mer

Part One: Setting the Scene
Chapter I: Introduction
A. Aim of Project and Methodology
B. Scope of Inquiry
C. Structure of Book and Main Theses
Chapter II: Basic Principles Compared and Contrasted
A. Introduction
B. Basic Principles of Contract Law
C. Basic Principles of the Law Relating to Unjust(ified) Enrichment
D. Basic Principles of Property Law
E. No Conclusion
Part Two: Two-Party Situations
Chapter III: German Law and the Consequences of Abstraction
A. Introduction
B. Relationship between Contract and Conveyance
C. Contract Void, but Conveyance Valid
D. Invalidity of both Contract and Conveyance
E. Competing Wrongs-Based Claims
F. Summary
Chapter IV: Personal and Proprietary Restitution under English Law
A. Introduction
B. Operation of the Unjust Factor Regime
C. Relationship between Personal Claims to Restitution
for Unjust Enrichment and (Vested) Property Rights
D. Availability and Form of Proprietary Restitution
E. Competing Wrongs-Based Claims
F. Summary
Chapter V: Comparative Observations on Two-Party Cases
A. Introduction
B. Scope of Recovery
C. Separation and Abstraction in English Law
D. Reflections on 'Proprietary Restitution'
E. Summary
Part Three: Three-Party Situations
Chapter VI: The Position of Third Party Purchasers
A. Introduction
B. Extensive Proprietary Protection of Third Parties in German Law
C. The Relatively Weak Position of Third Parties in English Law
D. Comparative Observations on the Position of Third Party Purchasers
E. Summary
Chapter VII: The English Third Party Rights Bar to Rescission
A. Introduction
B. Background
C. The Third Party Rights Bar in Operation
D. Abolition of the Third Party Rights Bar
E. Summary
Chapter VIII: Claiming Substitute Assets from the Transferee (and Third Parties)
A. Introduction
B. Tracing and Disgorgement Damages in English Law
C. Limited Personal Rights to Substitutes under German Law
D. Comparative Observations on Claims to Substitute Assets
E. Summary
Part Four: Summing Up
Chapter IX: Conclusion

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This book is a re-publication of a work published by Mohr Siebeck in Germany.

The book is an exploration of the rules and principles governing impaired consent transfers of movable property and their reversal in two- and three-party situations.

The author, an expert in the field, compares and contrasts English and German law.

A fascinating study for anyone interested in consent transfers.

Les mer

Unrivalled scholarship examining the fundamental doctrines and principles of private law.
This monograph series brings together in one place two types of book: works which examine in-depth the fundamental doctrines and principles of private law, and works which engage with the theoretical underpinnings of private law. The series thus aims to contribute to ever-evolving debates about the nature of private law such as problems of classification and taxonomy, remedies, the relationship with public law and the boundaries of private law generally.
The series includes, but is not confined to, works on contract, tort, unjust enrichment, equity, property and the conflict of laws, welcoming work which intersects with other fields of study to enable a deeper understanding of private law theory and practice.

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Produktdetaljer

ISBN
9781849465656
Publisert
2013-11-25
Utgiver
Bloomsbury Publishing PLC
Vekt
771 gr
Høyde
238 mm
Bredde
160 mm
Dybde
28 mm
Aldersnivå
UP, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
408

Forfatter

Biografisk notat

Birke Häcker is Professor of Comparative Law at the University of Oxford, Director of the Institute of European and Comparative Law, and a Professorial Fellow of Brasenose College, Oxford.