This book analyses proprietary restitution, at law and in equity, and inquires whether proprietary relief is available in defective transfers of property. It particularly covers the law of rescission, resulting and constructive trusts, tracing and unjust enrichment.

Compensation funds are redress structures that compensate victims of accidents and other misfortune where tort, insurance and social security frameworks are unavailable or inapplicable. Their undefined nature raises important legal questions that have not yet been fully answered. This book contrasts and analyses both well-known and lesser known compensation funds in Belgium, France, Germany, the Netherlands, New Zealand, Spain, and the United ...

This book sets out the principles of contract law that apply in a range of South Pacific Island countries. It includes coverage of the local legislation and case law applying in the field of contract law, as well as South Pacific customary laws and their relationship with the law of contract. The book offers essential knowledge to students, academics and legal practitioners operating in the South Pacific region.

This is an overview of interpretation and gap filling mechanisms in international commercial contracts covering CISG, UNIDROIT Principles, PECL and DCFR.

This book explores the theoretical basis of precontractual liability for the breaking-off of contractual negotiations and after a comparative analysis of common law (England) and civil law jurisdictions (Germany, France and Chile), argues in favour of a shift from good faith to the notion of reliance.

'Fundamental Rights and the Best Interest of the Child in Transnational Families' is a timely work on the implementation of the child’s interests in the EU and covers the most relevant topics emerging from the rapid internationalisation of child and family law and from the increased mobility of families.

With the increasing importance of the concept of remedies in European private law, this book focuses on remedies as a distinctive and novel field of European legal research and considers the common law tradition as well as the civil law viewpoint.

This book analyses the mechanics of how legal ownership in tangible movable property passes from one person to another and the respective impacts of defects, such as mistake. It adopts a new approach, basically arguing that the conveyance of title is distinct and independent from the underlying contract.

The International Survey of Family Law is the annual review of the International Society of Family Law. It brings together reliable and clearly structured insights into the latest and most notable developments in family law from all around the globe.