Proprietary Remedies in Context

Name: Proprietary Remedies in Context
SKU: 67e5c82c4a1ad400308e591931e82909
Price: 163 EUR
Availability: InStock

1/1

Afbeelding van Proprietary Remedies in Context

Bol

Prijzen vanaf

163,00

Uitgelicht

	163,00	Naar shop
VERGELIJK ALLE AANBIEDERS (1)

Beschrijving

Bol The book examines redistributive processes such as tracing, subrogation and proprietary estoppel and the use of the constructive trust. There is a tension in English law between the idea that the courts might provide a remedy by creating new property rights and the understanding that the judiciary's role is limited to the protection of existing proprietary interests with the power to redistribute property residing in the legislature alone. While there are numerous instances in which the courts intervene to readjust property rights,these are disguised in metaphor and fiction. However, this has meant that the law in this area has developed without open consideration of justifications for redistributing property. The result of this is that there is little coherence in the law of proprietary remedies as a whole and a good deal of it is indefensible. The book examines redistributive processes such as tracing, subrogation and proprietary estoppel and the use of the constructive trust in the context of contracts to assign property, vitiated transactions, the profits of wrongdoing and the breakdown of intimate relationships. It contrasts the English treatment of this area of law with developments in other common law jurisdictions where a more dynamic understanding of property has permitted more open acknowledgement of the judicial role in redistributing proprietary rights

Lees meer

Vergelijk aanbieders (1)

Sorteren op:

€ 163,00 Gratis verzending

Beschrijving (1)

The book examines redistributive processes such as tracing, subrogation and proprietary estoppel and the use of the constructive trust. There is a tension in English law between the idea that the courts might provide a remedy by creating new property rights and the understanding that the judiciary's role is limited to the protection of existing proprietary interests with the power to redistribute property residing in the legislature alone. While there are numerous instances in which the courts intervene to readjust property rights,these are disguised in metaphor and fiction. However, this has meant that the law in this area has developed without open consideration of justifications for redistributing property. The result of this is that there is little coherence in the law of proprietary remedies as a whole and a good deal of it is indefensible. The book examines redistributive processes such as tracing, subrogation and proprietary estoppel and the use of the constructive trust in the context of contracts to assign property, vitiated transactions, the profits of wrongdoing and the breakdown of intimate relationships. It contrasts the English treatment of this area of law with developments in other common law jurisdictions where a more dynamic understanding of property has permitted more open acknowledgement of the judicial role in redistributing proprietary rights

Lees meer