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Effects Of Mistake And Other Defects On The Passage Of Legal Title

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Effects Of Mistake And Other Defects On The Passage Of Legal Title

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Author : Samuel Zogg
language : en
Publisher:
Release Date : 2019

Effects Of Mistake And Other Defects On The Passage Of Legal Title written by Samuel Zogg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Personal property categories.

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).

Property And Contract

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Author : John Cartwright
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-01-13

Property And Contract written by John Cartwright and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-13 with Law categories.

This book explores a range of comparative issues in, and in the relationship between, property law and contract law in English and Spanish law. It also draws on other jurisdictions. The purpose is to give readers access to discussions of these areas of private law that are not easily accessible elsewhere. It goes further, however, than simply setting out similarities and differences: it provides an insightful analysis of key points of interest in the comparison of the legal systems discussed.

Effects Of Mistake And Other Defects On The Passage Of Legal Title

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Author : Samuel Zogg
language : en
Publisher:
Release Date : 2019

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.