Overview

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.

Full Product Details

Author:   Samuel Zogg
Publisher:   Intersentia Ltd
Imprint:   Intersentia Ltd
Dimensions:   Width: 16.00cm , Height: 3.20cm , Length: 24.00cm
Weight:   1.200kg
ISBN:  

9781780688244

ISBN 10:   1780688245
Pages:   562
Publication Date:   27 April 2020
Audience:   Professional and scholarly ,  College/higher education ,  Professional & Vocational ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Chapter 1. Foundations (p. 1) Chapter 2. The Principles of Defective Transfers of Property (p. 109) Chapter 3. Passage or Retention of Legal Ownership Proprietary Transfer Void at Law? (p. 133) Chapter 4. Power in Rem to Revest Ownership Proprietary Transfer Voidable at Law or in Equity? (p. 137) Chapter 5. Proprietary Consequences in Equity Retention, Vested New Interest or Power in Rem? (p. 253) Chapter 6. Defective Transfers of Incorporeal Bank Money (p. 507) Chapter 7. Conclusion (p. 535)

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Author Information

Dr Samuel Zogg is a senior lecturer for private law at the University of Zurich, Faculty of Law. He also works as a law clerk at the Court of Appeal, Zurich, and he is a deputy judge at the District Court of Meilen, Zurich. His research focuses on private law, in particular the law of property and obligations, and the law of civil procedure.

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