Exploring Proprietary Restitution: The Relationship Between Rescission and Insolvency

Author: Balen, Mischa

Source: King's Law Journal, Volume 22, Number 2, July 2011 , pp. 228-245(18)

Publisher: Hart Publishing

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Abstract:

This article examines the mechanism by which a claimant can rescind the transfer of an asset to the defendant, where the defendant is subject to a winding-up procedure. Specifically, it examines the priority of the claimant's power to rescind the transfer; whether and in what circumstances the claimant acquires equitable title or revests legal title to the transferred asset; whether judicial permission is required to effect rescission, and the various remedies and defences which will apply to such cases.

Document Type: Research Article

DOI: http://dx.doi.org/10.5235/096157611796769497

Publication date: July 1, 2011

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  • Until 2007 the King's Law Journal was known as the King's College Law Journal. It was established in 1990 as a legal periodical publishing scholarly and authoritative Articles, Notes and Reports on legal issues of current importance to both academic research and legal practice. It has a national and international readership, and publishes refereed contributions from authors across the United Kingdom, from continental Europe and further afield (particularly Commonwealth countries and USA). The journal includes a Reviews section containing critical notices of recently published books.
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