Consequences of Impaired Consent Transfers

Birke Häcker is Professor of Comparative Law at the University of Oxford, Director of the Institute of European and Comparative Law, and a Professorial Fellow of Brasenose College, Oxford.

• Part One: Setting the SceneChapter I: Introduction A. Aim of Project and Methodology B. Scope of Inquiry C. Structure of Book and Main ThesesChapter II: Basic Principles Compared and ContrastedA. Introduction B. Basic Principles of Contract Law C. Basic Principles of the Law Relating to Unjust(ified) Enrichment D. Basic Principles of Property Law E. No ConclusionPart Two: Two-Party SituationsChapter III: German Law and the Consequences of Abstraction A. Introduction B. Relationship between Contract and Conveyance C. Contract Void, but Conveyance Valid D. Invalidity of both Contract and Conveyance E. Competing Wrongs-Based ClaimsF. Summary Chapter IV: Personal and Proprietary Restitution under English LawA. Introduction B. Operation of the Unjust Factor Regime C. Relationship between Personal Claims to Restitutionfor Unjust Enrichment and (Vested) Property Rights D. Availability and Form of Proprietary Restitution E. Competing Wrongs-Based ClaimsF. Summary Chapter V: Comparative Observations on Two-Party CasesA. Introduction B. Scope of RecoveryC. Separation and Abstraction in English LawD. Reflections on 'Proprietary Restitution' E. Summary Part Three: Three-Party SituationsChapter VI: The Position of Third Party PurchasersA. Introduction B. Extensive Proprietary Protection of Third Parties in German LawC. The Relatively Weak Position of Third Parties in English LawD. Comparative Observations on the Position of Third Party Purchasers E. Summary Chapter VII: The English Third Party Rights Bar to Rescission A. Introduction B. Background C. The Third Party Rights Bar in OperationD. Abolition of the Third Party Rights Bar E. Summary Chapter VIII: Claiming Substitute Assets from the Transferee (and Third Parties) A. Introduction B. Tracing and Disgorgement Damages in English LawC. Limited Personal Rights to Substitutes under German LawD. Comparative Observations on Claims to Substitute AssetsE. Summary Part Four: Summing UpChapter IX: Conclusion