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Transactions of minors in English and German law / Carlo Brunold

By: Series: Studien Zum Ausländischen und Internationalen Privatrecht ; 524Publication details: Germany Mohr Siebeck 2024Description: xx, 257 pages 24 cmISBN:
  • 9783161632884 (Paperback)
DDC classification:
  • 346.42013083
Contents:
Preface; Survey of contents; Abbrevations and referencing; German terminology; Chapter 1: Introduction; Chapter 2: Contractual liability; Chapter 3: Transfer of rights; Chapter 4: Restitution of unjust or unjustified enrichment; Chapter 5: Minority, parents and the state; Chapter 6: Conclusion; Bibliography; Table of cases; Table of statutes; Index.
Summary: Carlo Brunold's comparative legal analysis of the limitations placed on minors' ability to enter into and execute transactions in English and German law distinguishes between the laws of contract, property, and restitution of unjust enrichment to reveal the strengths and weaknesses of the two jurisdictions' strongly differing approaches. Whereas under English law minors can, in general, enter into contracts and perform their duties despite the fact that these contractual duties cannot be enforced against them, German law shifts the control over minors' transactions almost entirely to their parents, who can also enter into and execute transactions on behalf of their children. The latter concept is alien to English law, even though parents in both jurisdictions are subject to fiduciary duties with regard to their children's assets.
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Holdings
Item type Current library Shelving location Call number Materials specified Status Notes Barcode
BOOKs . General Stacks 346.42013083 BRU (Browse shelf(Opens below)) PB Available Recommended by Mr. Sidharth Chauhan 40294

Preface;
Survey of contents;
Abbrevations and referencing;
German terminology;
Chapter 1: Introduction;
Chapter 2: Contractual liability;
Chapter 3: Transfer of rights;
Chapter 4: Restitution of unjust or unjustified enrichment;
Chapter 5: Minority, parents and the state;
Chapter 6: Conclusion;
Bibliography;
Table of cases;
Table of statutes;
Index.

Carlo Brunold's comparative legal analysis of the limitations placed on minors' ability to enter into and execute transactions in English and German law distinguishes between the laws of contract, property, and restitution of unjust enrichment to reveal the strengths and weaknesses of the two jurisdictions' strongly differing approaches. Whereas under English law minors can, in general, enter into contracts and perform their duties despite the fact that these contractual duties cannot be enforced against them, German law shifts the control over minors' transactions almost entirely to their parents, who can also enter into and execute transactions on behalf of their children. The latter concept is alien to English law, even though parents in both jurisdictions are subject to fiduciary duties with regard to their children's assets.