Proprietary Consequences in Defective Transfers of Ownership

This book analyses proprietary restitution, at law and in equity, and inquires whether proprietary relief is available in defective transfers of property. It particularly covers the law of rescission, resulting and constructive trusts, tracing and unjust enrichment.
Author(s):
Samuel Zogg
book | published | 1st edition
April 2020 | xl + 562 pp.

Hardback

€145.-

ISBN 9781780688244


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ISBN 9781839700316

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Details

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.

Table of Contents

Table of contents and preliminary pages (p. 0)

Samuel Zogg

Chapter 1. Foundations (p. 1)

Samuel Zogg

Chapter 2. The Principles of Defective Transfers of Property (p. 109)

Samuel Zogg

Chapter 3. Passage or Retention of Legal Ownership – Proprietary Transfer Void at Law? (p. 133)

Samuel Zogg

Chapter 4. Power in Rem to Revest Ownership – Proprietary Transfer Voidable at Law or in Equity? (p. 137)

Samuel Zogg

Chapter 5. Proprietary Consequences in Equity – Retention, Vested New Interest or Power in Rem? (p. 253)

Samuel Zogg

Chapter 6. Defective Transfers of Incorporeal Bank Money (p. 507)

Samuel Zogg

Chapter 7. Conclusion (p. 535)

Samuel Zogg

Bibliography (p. 541)

Samuel Zogg