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Consequences of Impaired Consent Transfers

2013 Consent (Law)
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Release : 2013
Genre : Consent (Law)
Kind : eBook
Book Rating : 844/5 ( reviews)

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Book Synopsis Consequences of Impaired Consent Transfers by : Birke Häcker

Download or read book Consequences of Impaired Consent Transfers written by Birke Häcker. This book was released on 2013. Available in PDF, EPUB and Kindle. Book excerpt: 1. Introduction -- 2. Basic principles compared and contrasted -- 3. German law and the consequences of abstraction -- 4. Personal and proprietary restitution under English law -- 5. Comparative observations on two-party cases -- 6. The position of third party purchasers -- 7. The English third party rights bar to rescission -- 8. Claiming substitute assets from the transferee (and third parties) -- 9. Conclusion.

Consequences of Impaired Consent Transfers

2013-11-25 Law
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Release : 2013-11-25
Genre : Law
Kind : eBook
Book Rating : 653/5 ( reviews)

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Book Synopsis Consequences of Impaired Consent Transfers by : Birke Häcker

Download or read book Consequences of Impaired Consent Transfers written by Birke Häcker. This book was released on 2013-11-25. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Rights and Private Law

2011-12-02 Law
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Release : 2011-12-02
Genre : Law
Kind : eBook
Book Rating : 898/5 ( reviews)

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Book Synopsis Rights and Private Law by : Donal Nolan

Download or read book Rights and Private Law written by Donal Nolan. This book was released on 2011-12-02. Available in PDF, EPUB and Kindle. Book excerpt: In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.

Separation and Abstraction in Property Transfers

2023-05-08 Law
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Release : 2023-05-08
Genre : Law
Kind : eBook
Book Rating : 932/5 ( reviews)

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Book Synopsis Separation and Abstraction in Property Transfers by : Zhicheng WU

Download or read book Separation and Abstraction in Property Transfers written by Zhicheng WU. This book was released on 2023-05-08. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that there are three dividing lines regarding modes and consequences of property transfers which should not be conflated by comparative lawyers, namely, intent alone versus intent plus, unitary approach versus separatist approach, and causality versus abstraction. Unlike Chinese law, English law takes a non-unified approach not only in the stage of transfer but also in the stage of restitution, where the consequence in relation to the property right transferred under a flawed underlying basis can be purely causal, purely abstract, and abstract in common law but causal in equity. Nevertheless, abstraction is normatively more justifiable than causality.

Pensions

2020-08-20 Law
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Release : 2020-08-20
Genre : Law
Kind : eBook
Book Rating : 725/5 ( reviews)

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Book Synopsis Pensions by : Sinéad Agnew

Download or read book Pensions written by Sinéad Agnew. This book was released on 2020-08-20. Available in PDF, EPUB and Kindle. Book excerpt: State pensions are the largest item in the UK social security budget, costing £96.7 billion in 2017/18. In the same year, 45.6 million people were members of UK occupational pension schemes (out of a total population of 66.4 million) and the total amount saved into workplace schemes in 2018 was £90.4 billion. A consequence of the pensions sector's large size has been that pensions law and social security law have become increasingly specialised areas of practice. Yet despite their social and economic importance and the fascinating legal issues they generate, pensions have not been the subject of sustained academic attention. This book starts to fill this gap by initiating a dialogue between practitioners and scholars working on pensions law and policy, groups who have much to learn from one another.

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