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Proprietary Consequences in Defective Transfers of Ownership

Book | 1st edition 2020 | United Kingdom | Samuel Zogg

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.

Technical info
More Information
Type of product Book
Format Hardback
EAN / ISSN 9781780688244 / 9781839700316
Weight 1200 g
Status Available
Number of pages xl + 562 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Apr 27, 2020
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No


  • Table of contents and preliminary pages
    Samuel Zogg
  • Chapter 1. Foundations
    Samuel Zogg
  • Chapter 2. The Principles of Defective Transfers of Property
    Samuel Zogg
  • Chapter 3. Passage or Retention of Legal Ownership – Proprietary Transfer Void at Law?
    Samuel Zogg
  • Chapter 4. Power in Rem to Revest Ownership – Proprietary Transfer Voidable at Law or in Equity?
    Samuel Zogg
  • Chapter 5. Proprietary Consequences in Equity – Retention, Vested New Interest or Power in Rem?
    Samuel Zogg
  • Chapter 6. Defective Transfers of Incorporeal Bank Money
    Samuel Zogg
  • Chapter 7. Conclusion
    Samuel Zogg
  • Bibliography
    Samuel Zogg