| Description |
1 online resource (xxi, 386 pages) |
| Series |
Studien zum ausländischen und internationalen Privatrecht ; 233 |
| Contents |
Cover; Widmung; Acknowledgements; Overview of Contents; Table of Contents; Table of Abbreviations; Short Glossary of German Terminology; 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; 1. Notion of a Contract; a) Gratuitous Transactions; b) 'Real Agreements'; 2. Rescission of Contract; a) Grounds for Rescission in English Law; b) Grounds for Rescission in German Law |
|
C. Basic Principles of the Law Relating to Unjust(ified) Enrichment1. Establishing a Claim; a) German Law: Performance, Non-Performance, and Absence of Basis; b) English Law: Unjust Factors and the New Birksian Model; 2. Content of Claim and Disenrichment Defence; a) Effecting Restitution; b) Disenrichment; D. Basic Principles of Property Law; 1. Conception of 'Ownership'; a) Absolute Notion of Ownership and Relativity of Title; b) Legal and Equitable Proprietary Interests; 2. Assertion and Protection of Property Rights; a) Direct and Indirect Assertion of Property Rights |
|
B) The Protection of Property Rights in Context(i) Protection through the law of wrongs; (ii) Protection through the law of unjust(ified) enrichment; (iii) Relationship between 'owner' and illegitimate possessor of an object; 3. Modes of Conveyance and their Relationship with Underlying (Contractual) Obligations; a) Effecting a Conveyance of Movables; b) Causality and Abstraction; 4. Nemo dat Principle and bona fide Purchase Rules; E. No Conclusion; Part Two: Two-Party Situations; Chapter III: German Law and the Consequences of Abstraction; A. Introduction |
|
B. Relationship between Contract and Conveyance1. The Principles of Separation and Abstraction in Operation; 2. Impairments Affecting only the Obligatory Contract; 3. Impairments Affecting both Contract and Conveyance; a) Real Exceptions to the Principle of Abstraction; b) Apparent Exceptions to the Principle of Abstraction; 4. A Word on 'Undue Influence' as 'Immoral Exploitation'; C. Contract Void, but Conveyance Valid; 1. The Personal Claim to Restitution in specie; 2. The Regime of the Law on Unjustified Enrichment; a) Position of bona fide Enrichees; b) Position of mala fide Enrichees |
|
3. Unwinding Reciprocal Contractsa) Two-Claims Theory; b) Saldotheorie; c) Modified Two-Claims Theory; D. Invalidity of both Contract and Conveyance; 1. Vindicatio and condictio possessionis; 2. The Special Provisions of the Eigentümer-Besitzer-Verhältnis; a) Position of bona fide Possessors; b) Position of mala fide Possessors; 3. Incongruities with the Law on Unjustified Enrichment; a) The Nature of the Primary Claim; b) The Problem of Restitution for Secondary Benefits; c) The Problem of Disenriching Expenditure by the Transferee |
| Summary |
HauptbeschreibungBirke Häcker explores the English and German law on impaired consent transfers of movable property and their reversal in comparative perspective, paying particular attention to the interaction - within each legal system - between the rules and principles of contract law, property law, and the law of unjust(ified) enrichment. In two-party situations, the author focuses on the relationship between contract and conveyance and the closely related question of the transferor's position in the event of the transferee's insolvency. While German law resolves these issues by reference t |
| Bibliography |
Includes bibliographical references and index |
| Subject |
Civil law -- England
|
|
Civil law -- Germany
|
|
Civil law
|
|
England
|
|
Germany
|
| Form |
Electronic book
|
| ISBN |
3161514084 |
|
9783161514081 |
|
