Name: Consequences of Impaired Consent Transfers By Birke Hacker
SKU: 9781849465656
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Consequences of Impaired Consent Transfers Summary

Consequences of Impaired Consent Transfers: A Structural Comparison of English and German Law by Birke Hacker

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 Hacker 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.

About Birke Hacker

Birke Hacker 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.

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

Additional information

Sku

NPB9781849465656

ISBN 13

9781849465656

ISBN 10

1849465657

Title

Consequences of Impaired Consent Transfers: A Structural Comparison of English and German Law by Birke Hacker

Author

Birke Hacker

Series

Hart Studies in Private Law

Condition

New

Binding type

Hardback

Publisher

Bloomsbury Publishing PLC

Year published

2013-11-25

Number of pages

408

Prizes

N/A

Cover note

Book picture is for illustrative purposes only, actual binding, cover or edition may vary.

Note

This is a new book - be the first to read this copy. With untouched pages and a perfect binding, your brand new copy is ready to be opened for the first time

Consequences of Impaired Consent Transfers Birke Hacker

Consequences of Impaired Consent Transfers by Birke Hacker

Summary

Consequences of Impaired Consent Transfers Summary

Consequences of Impaired Consent Transfers: A Structural Comparison of English and German Law by Birke Hacker

About Birke Hacker

Table of Contents

Additional information

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