Further Details

Title: Proprietary Consequences in Defective Transfers of Ownership
Condition: New
EAN: 9781780688244
ISBN: 9781780688244
Publisher: Intersentia Ltd
Format: Hardback
Type: Hardback
Release Date: 27/04/2020
Item Height: 240mm
Item Length: 160mm
Item Width: 32mm
Item Weight: 1200g
Author: Samuel Zogg
Language: English
Country/Region of Manufacture: GB
Genre: Law & Politics
Release Year: 2020
Description: This book analyses proprietary restitution, at law and in equity, and inquires whether proprietary relief is available in defective transfers of property, such as mistaken payments. Refining the Birksian event-based classification of rights, it offers a coherent and rationalised approach to the transfer, creation and tracing of proprietary rights in general. The book sets out the current state of the law and discusses a vast body of case law. It is argued that the scope of proprietary relief following defective transfers of property is quite limited. Legal or equitable title in the transferred property remains vested in the transferor if his intention to execute the transaction is virtually absent altogether. If only equitable ownership is retained, a resulting trust comes into being. If legal and equitable ownership passes, the law of rescission might provide a power in rem which equips the respective party with a proprietary interest. Apart from that, however, no proprietary relief is available in defective transfer cases. In particular, constructive trusts have no role to play in this context. Proprietary Consequences in Defective Transfers of Ownership is a comprehensive work of interest to academic and professional readers alike.

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