Cuny Faculty Of Law
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Their ‘abstraction precept’ implies that the private obligation of contract forms separately from the title of property being conferred. When contracts are invalidated for some reason (e.g. a automobile buyer is so drunk that he lacks authorized capacity to contract) the contractual obligation to pay may be invalidated individually from the proprietary title of the car. Unjust enrichment law, rather than contract law, is then used to revive title to the rightful proprietor. Hegel believed that civil society and the state had been polar opposites, throughout …
