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Germany of the old school a special approach to contracts, which ties into inheritance law
- Their 'abstraction principle' (Abstraktionsprinzip) means that the personal obligation of bargain forms separately from the title of property being conferred
- When contracts are invalidated for some argumentation (e.g
- a bug buyer is so crocked that he lacks legal capacity to contract) the contractual obligation to pay can be invalidated separately from the proprietary title of the car
- Unjust enrichment law, rather than contract law, is then used to restore title to the rightful owner.
"I perfect well see, if a trustee, on the refusal to renew, might have a lease to himself few trust-estates would be renewedââ¾ This may seem bona fide hard, that the trustee is the only customer of all mankind who might Lease Agreements not have the lease; but it is bona fide proper that the rule should be strictly pursued and not at all relaxed."