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Consequences of Impaired Consent Transfers
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348 b
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The unwinding of impaired consent transfers raises questions on the interface of contract law, property law, and the law of unjust(ified) enrichment. Only a structural comparison can reveal when, how, and why different legal systems diverge. Birke Häcker explores the English and German law governing impaired consent transfers of movable property and their reversal in two- and three-party situations. Issues such as the relationship between contract and conveyance, the scope of recovery, the exact nature of the transferor's remedy, the rules on bona fide purchase, the possibility of 'leapfrogging' the transferee, and the availability of rights to traceable substitute assets are put into comparative focus without being severed from their proper historical and conceptual context.
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