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Clawback rights - specific legal category?

Publication at Faculty of Law |
2018

Abstract

The term "clawback rights" describes a certain category of rights that, due to retroactive limitations of ownership, allow one party to subsequently render void valid transactions and to reclaim assets that have been dissipated through these transactions. Rights of this kind exist in Insolvency law, Family law, and Succession law.

These rights constitute a category of their own which must be distinguished from other categories such as unjustified enrichment of rights in rem.