Proprietary Remedies in Context.

Proprietary Remedies in Context.

This 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.

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Bibliographic Details
Main Author: Rotherham, Craig
Format: eBook
Language:English
Published: Oxford : Hart Pub., 2002.
Subjects:
Right of property > England.
Judicial discretion > England.
Right of property.
Judicial discretion.
property rights.
Judicial discretion
Right of property
England
Online Access:Click for online access
Table of Contents:
  • Preliminaries; Contents; Frequently Cited Works; Table of Cases; Introduction; 1 From Remedy to Property the Development of the Trust; 2 Redistribution and Property Rites; 3 The Legacy of Legal Realism Instrumentalist Approaches to Property; 4 The Normative Foundations of Proprietary Claims and Remedies; 5 The Metaphysics of Tracing Substituted Title and Property Rhetoric; 6 The Proprietary Consequences of a Vitiated Intention to Transfer Property An Intolerable Reproach to Our System of Jurisprudence; 7 Qualified Consent to Transfer Property The Mysterious Basis of the Quistclose Trust.
  • 8 Obligation into Ownership Constructive Trusts and Liens in Arrangements to Assign Property9 Proprietary Relief for Enrichment by Wrongs the Shifting Boundary between Ownership and Obligation; 10 The Division of Assets on the Breakdown of Intimate Relationships the Limits of Private Ordering; 11 Subrogation Stepping into the Shoes of Secured Creditors; 12 Constructive Trusts over Sums Obtained from Third Parties.

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