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Legal rules and principles do not exist in isolation, but form part
of a system. In this structural comparison between English and
German law, Birke Hacker explores the rules and principles
governing impaired consent transfers of movable property and their
reversal in two- and three-party situations. This book is a
re-publication of a work first published by Mohr Siebeck in
Germany.
While continental and comparative lawyers have recently
rediscovered succession law as an area of immense practical
importance deserving greater academic attention, it is still a
neglected field in England. This book aims to reinvigorate the
English debate. It brings together contributions by leading
academics and practitioners engaging with topical issues as well as
questions of fundamental importance in succession law and estate
planning. The book will be of interest to both academics and
practitioners working in the field, and to non-English comparative
lawyers.
This book provides unique insights into modern collective judicial
decision-making. Courts all over the world sit in panels of several
judges, yet the processes by which these judges produce the court's
decision differ markedly. Judges from some of the world's most
notable judicial bodies, in both the civilian and the common law
tradition and from supra-/international courts, share their
experiences and reflect on the challenges to which their collective
endeavour gives rise. They address matters such as the question of
panel constitution, the operation of rapporteur systems, pre-and
post-hearing conferences, the hearing procedure itself, the nature
of the interaction between the judicial panel and parties'
advocates, the extent to which a unitary judgment of the court or
at least a single majority judgment is required or deemed
desirable, and how it is ultimately arrived at through different
voting mechanisms. They allow the reader a unique inside view into
the functioning of modern judicial bodies. The judges' chapters are
supplemented by a series of comparative analyses and reflections on
the lessons to be learnt from them. Collective Judging in
Comparative Perspective thus also provides an ideal starting point
for thinking about future court design.
In Woolwich v IRC 1993] AC 70 (HL), the UK's House of Lords held
that taxes unlawfully exacted by the Revenue are recoverable by the
taxpayer as of right. However, the torrent of subsequent litigation
and commentary demonstrates that many fundamental elements of the
Woolwich principle still remain to be resolved. Colossal amounts of
money hinge on these issues. The essays in this collection explore
these issues of restitution of overpaid taxes from various
perspectives - including the tax background, various private law
claims, alternative public law approaches, defenses, and remedies -
and in the light of leading cases from various jurisdictions, such
as Australia, Canada, the EU, Germany, Ireland, and the UK.
(Series: Hart Studies in Private Law - Vol. 5)
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