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OverviewThis 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. Full Product DetailsAuthor: Samuel ZoggPublisher: Intersentia Ltd Imprint: Intersentia Ltd Dimensions: Width: 16.80cm , Height: 1.30cm , Length: 24.10cm Weight: 0.386kg ISBN: 9781780688312ISBN 10: 1780688318 Pages: 200 Publication Date: 16 September 2019 Audience: Professional and scholarly , College/higher education , Professional & Vocational , Postgraduate, Research & Scholarly Format: Paperback Publisher's Status: Active Availability: In Print  This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us. Table of ContentsTable of Contents and preliminary matter (p. 0) Chapter 1. An Introduction to Defective Transfers of Property (p. 1) Chapter 2. Transfer of Legal Ownership in Tangible Movable Property (p. 19) Chapter 3. Defects which Prevent the Passage of Legal Ownership. (p. 87) Chapter 4. Fundamental Mistake in Particular (p. 97) Chapter 5. Conclusion (p. 185) Bibliography (p. 189)ReviewsAuthor InformationDr 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). Tab Content 6Author Website:Countries AvailableAll regions |
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