Jump to ContentJump to Main Navigation
Mapping the LawEssays in Memory of Peter Birks$
Users without a subscription are not able to see the full content.

Andrew Burrows and Alan Rodger

Print publication date: 2006

Print ISBN-13: 9780199206551

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199206551.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 17 October 2018

The Avoidance of Transactions in Insolvency Proceedings and Restitutionary Defences

The Avoidance of Transactions in Insolvency Proceedings and Restitutionary Defences

Chapter:
(p.299) 16 The Avoidance of Transactions in Insolvency Proceedings and Restitutionary Defences
Source:
Mapping the Law
Author(s):

Roy Goode

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199206551.003.0017

This chapter examines the extent to which it is helpful to analyse the statutory provisions on the avoidance of transactions in insolvency proceedings as reversing an unjust enrichment. It argues that the common law rules of unjust enrichment (e.g., defences such as change of position) have no role to play except as ‘transaction-related cross-claims’ by the defendant.

Keywords:   avoidance of transactions, insolvency, unjust enrichment, cross-claims

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .