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Author : Samuel Zogg
Release : 2016
Genre :
Kind : eBook
Book Rating : /5 ( reviews)
Book Synopsis Transfer of Legal Ownership in Tangible Movable Property by : Samuel Zogg
Download or read book Transfer of Legal Ownership in Tangible Movable Property written by Samuel Zogg. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Samuel Zogg
Release : 2019
Genre : Personal property
Kind : eBook
Book Rating : 333/5 ( reviews)
Book Synopsis Effects of Mistake and Other Defects on the Passage of Legal Title by : Samuel Zogg
Download or read book Effects of Mistake and Other Defects on the Passage of Legal Title written by Samuel Zogg. This book was released on 2019. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the mechanics of how legal ownership in tangible movable property is transferred from one person to another and whether certain kinds of defects, particularly mistakes, may prevent its passage. Though this area of the law may well be regarded as a core area of English private law, it has not yet received much attention in academic literature. It is argued that English law, on its best interpretation, and contrary to the traditionally accepted approach, adopts a principle of separation (i.e. that the underlying contract or other transaction is notionally distinct from the conveyance of title) and abstraction (i.e. that the conveyance of title is not dependent on the validity of the underlying contract or other transaction). This applies for transfers by delivery, transfers by sale and transfers by deed. Further, it is very rare for mistakes to prevent the passage of ownership. In fact, title passes unless the transferor's intention to transfer property is virtually absent altogether. For this purpose, an analogy is drawn with the distinctions made in Shogun Finance Ltd v Hudson. DR SAMUEL ZOGG is a senior lecturer at the University of Zurich, Switzerland, an attorney at law and law clerk at the Zurich Court of Appeal (civil law chamber).
Author : Samuel Zogg
Release : 2019
Genre : Justice, Administration of
Kind : eBook
Book Rating : 312/5 ( reviews)
Book Synopsis Effects of Mistake and Other Defects on the Passage of Legal Title by : Samuel Zogg
Download or read book Effects of Mistake and Other Defects on the Passage of Legal Title written by Samuel Zogg. This book was released on 2019. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the mechanics of how legal ownership in tangible movable property passes from one person to another and the respective impacts of defects, such as mistake. It adopts a new approach, basically arguing that the conveyance of title is distinct and independent from the underlying contract.
Author : Wolfgang Faber
Release : 2008
Genre : Property
Kind : eBook
Book Rating : 609/5 ( reviews)
Book Synopsis Rules for the Transfer of Movables by : Wolfgang Faber
Download or read book Rules for the Transfer of Movables written by Wolfgang Faber. This book was released on 2008. Available in PDF, EPUB and Kindle. Book excerpt: Comparative research in the area of property law is gaining importance. Against the background of the current discussion of developing model rules, aimed at facilitating European private law harmonization, and of ongoing law reform projects in a number of EU Member States, this volume addresses key issues in the field of the transfer of corporeal movable property. Authors from various European countries discuss classical issues of property law, such as the dichotomies of "consensual" versus "delivery" and "causal" versus "abstract" transfer systems, good faith acquisition, and the role of party autonomy in the field of the transfer of ownership. In addition, a special focus is given to the less well-known - but at least equally fundamental - difference between "unitary" transfer approaches, as applied in continental Europe, and the "functional" approach, as followed in Scandinavian countries. Further contributions discuss fiduciary transfers, avoidance in bankruptcy, the question of where to draw the line between obligatory and proprietary rights, the role of intellectual property rights, possession, and the EU law basis for the harmonization of property law. These contributions were presented at a conference held in Salzburg in February 2007, forming part of the activities of the working group "Transfer of Movables" within the "Study Group on a European Civil Code."
Author : Martin Lilja
Release : 2014
Genre : Personal property
Kind : eBook
Book Rating : 428/5 ( reviews)
Book Synopsis Transfer of Movable Property Under U.S. Law by : Martin Lilja
Download or read book Transfer of Movable Property Under U.S. Law written by Martin Lilja. This book was released on 2014. Available in PDF, EPUB and Kindle. Book excerpt: The book discusses legal rules for three functional commercial conflict situations under the laws of the U.S.A. (the U.C.C. etc.) on the protection of a buyer in the seller's insolvency, the protection of a seller in the buyer's insolvency, and the conflict between a person formerly entitled to the goods and a good faith acquirer.
