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Exploring proprietary restitution: The relationship between rescission and insolvency

1st Feb 2011

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.

Exploring proprietary restitution: The relationship between rescission and insolvency. King’s Law Journal, Hart Publishing. Vol 22, Number 1, pp. 85-94 (10).





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