Download or read book Consequences of Impaired Consent Transfers written by Birke Häcker and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. Introduction -- 2. Basic principles compared and contrasted -- 3. German law and the consequences of abstraction -- 4. Personal and proprietary restitution under English law -- 5. Comparative observations on two-party cases -- 6. The position of third party purchasers -- 7. The English third party rights bar to rescission -- 8. Claiming substitute assets from the transferee (and third parties) -- 9. Conclusion.
Download or read book Consequences of Impaired Consent Transfers written by Birke Häcker and published by Bloomsbury Publishing. This book was released on 2013-11-25 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal rules and principles do not exist in isolation, but form part of a system. In this structural comparison between English and German law, Birke Häcker explores the rules and principles governing impaired consent transfers of movable property and their reversal in two- and three-party situations. This book is a re-publication of a work first published by Mohr Siebeck in Germany.
Download or read book Rights and Private Law written by Donal Nolan and published by Bloomsbury Publishing. This book was released on 2011-12-02 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Separation and Abstraction in Property Transfers written by Zhicheng WU and published by BRILL. This book was released on 2023-05-08 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that there are three dividing lines regarding modes and consequences of property transfers which should not be conflated by comparative lawyers, namely, intent alone versus intent plus, unitary approach versus separatist approach, and causality versus abstraction. Unlike Chinese law, English law takes a non-unified approach not only in the stage of transfer but also in the stage of restitution, where the consequence in relation to the property right transferred under a flawed underlying basis can be purely causal, purely abstract, and abstract in common law but causal in equity. Nevertheless, abstraction is normatively more justifiable than causality.
Download or read book Pensions written by Sinéad Agnew and published by Bloomsbury Publishing. This book was released on 2020-08-20 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: State pensions are the largest item in the UK social security budget, costing £96.7 billion in 2017/18. In the same year, 45.6 million people were members of UK occupational pension schemes (out of a total population of 66.4 million) and the total amount saved into workplace schemes in 2018 was £90.4 billion. A consequence of the pensions sector's large size has been that pensions law and social security law have become increasingly specialised areas of practice. Yet despite their social and economic importance and the fascinating legal issues they generate, pensions have not been the subject of sustained academic attention. This book starts to fill this gap by initiating a dialogue between practitioners and scholars working on pensions law and policy, groups who have much to learn from one another.
Download or read book A New Introduction to Comparative Law written by Jaakko Husa and published by Bloomsbury Publishing. This book was released on 2015-05-28 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking introduction to the study of comparative law provides in-depth analyses of all major comparative methodologies and theories and serves as a common sense guide to the study of foreign legal systems. It is written in a lively and accessible style and will prove indispensable reading to students of the subject. It also contains much that will be of interest to comparative law scholars, offering novel insights into commonplace methodological and theoretical questions and making a significant contribution to the field.
Download or read book Introduction to Comparative Law written by Jaakko Husa and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'A delightful and fresh approach to the comparative study of law.' (Jans Smits, Maastricht University, the Netherlands) (of the first edition). This textbook presents a clear and thought-provoking introduction to the study of comparative law. The book provides students with in-depth analyses of the major global comparative methodologies and theories. Written in a lively style, it leads the student through debates in comparative legal scholarship, both in the Western world and in the lesser studied jurisdictions, beyond Europe and North America. The second edition includes a revised structure to help the student understand the subject, an updated introductory chapter, and new material on legal transplants and globalisation. It also explores allied disciplines, including linguistics, history, and post-colonial studies giving students full context of the subject.
Download or read book The Principles of Personal Property Law written by Duncan Sheehan and published by Bloomsbury Publishing. This book was released on 2017-05-18 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of personal property covers a very wide spectrum of scenarios and, unfortunately, has had little detailed scrutiny of its overarching structure over the years. It is a system and can best be understood as a system. Indeed, without understanding it as a system, it becomes much more difficult to comprehend. The second edition of this acclaimed textbook continues to provide a comprehensive yet detailed coverage of the law of personal property in England and Wales. It includes transfer of legal title to chattels, the nemo dat rule, negotiable instruments and assignment of choses in action. It also looks at defective transfers of property and the resulting proprietary claims, including those contingent on tracing, the tort of conversion, bailment and security interests. By bringing together areas often scattered throughout company law, commercial law, trusts and tort textbooks, it enables readers to see common themes and issues and to make otherwise impossible generalisations across different contexts about the nature of the concepts English law applies. Throughout the book, concepts are explained rigorously, with reference to how they are used in commercial practice and everyday life. The new edition also includes a new chapter on secured transactions law reform, and introduces new material on the Cape Town Convention, IP rights and other intangible property. The book will be of primary interest to academics and practitioners in the area. However, it will also be of use to students studying commercial or personal property law.
Download or read book Restitution of Overpaid Tax written by Steven Elliott KC and published by Bloomsbury Publishing. This book was released on 2013-04-09 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the decision of the House of Lords in Woolwich Equitable Building Society v Inland Revenue Commissioners [1993] AC 70, the law governing claims for restitution of overpaid tax has experienced rapid and profound evolution. This has been so not only in England, but also elsewhere in the common law world as well as on the European plane. The essays in this collection consider the new landscape, and explore from various doctrinal and national perspectives the issues that have confronted, and continue to confront, the courts.
Download or read book Precontractual Liability under the Portuguese German and French Legal Systems written by Elouisa Müller and published by GRIN Verlag. This book was released on 2020-06-25 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2020 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 15/20, , language: English, abstract: On a daily basis, contracts are concluded between natural or legal persons. Therefore, many legal subjects have to enter into the precontractual phase of negotiations that eventually lead to a conclusion or a failure of the treaty. As first outlined by Jhering in 18611, the precontractual phase can establish a legal relationship in which precontractual obligations have to be respected. In the following, the precontractual liability under the German, French and Portuguese law will be compared. After an analysis of the historical origin of the precontractual liability in general and the presentation of the historical developments in Germany, France and Portugal, the legal problem, that needs a regulation in the legal orders, will be defined. Furthermore, in the com-parison of the regulatory framework, the similarities and differences of the current legislations in the three states will be examined based on various criteria such as the legal basis, the concrete precontractual duties and the relevance of the good faith. Apart from comparing compensable damages, the legal institutes in those states will be classified. Before summing up the compar-ison of the roots and the legal institute by also including a grid of the main comparative aspects, important cases will be presented to understand the development of the precontractual liability in Germany, France and Portugal.
Download or read book Principles of the Law of Consent with Special Reference to Criminal Law Including the Doctrines of Mistake Duress and Waiver written by Hukm Chand and published by . This book was released on 1897 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Insurance Guaranty Funds and the Involuntary Transfer of Insurance Policies written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Monopolies, and Business Rights and published by . This book was released on 1992 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book General Defences in Criminal Law written by Alan Reed and published by Routledge. This book was released on 2016-04-15 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law relating to general defences is one of the most important areas in the criminal law, yet the current state of the law in the United Kingdom reveals significant problems in the adoption of a consistent approach to their doctrinal and theoretical underpinnings, as exemplified by a number of recent developments in legislation and case law. A coherent and joined-up approach is still missing. This volume provides an analysis of the main contentious areas in British law, and proposes ways forward for reform. The collection includes contributions from leading experts across various jurisdictions. Part I examines the law in the United Kingdom, with specialist contributions on Irish and Scottish law. Part II consists of contributions by authors from a number of foreign jurisdictions, all written to a common research grid for maximum comparability, which provide a wider background of how other legal systems treat problems relating to general defences in the context of the criminal law, and which may serve as points of reference for domestic law reform.
Download or read book The American and English Encyclop dia of Law written by David Shephard Garland and published by . This book was released on 1902 with total page 1484 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The American and English Encyclopaedia of Law written by David Shephard Garland and published by . This book was released on 1902 with total page 1530 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Transfer of Property in British India written by Sir Hari Singh Gour and published by . This book was released on 1901 with total page 1244 pages. Available in PDF, EPUB and Kindle. Book excerpt:
