Constructive And Resulting Trusts
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Constructive And Resulting Trusts
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Author : Charles Mitchell
language : en
Publisher: Hart Publishing
Release Date : 2010-03-03
Constructive And Resulting Trusts written by Charles Mitchell and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-03-03 with Law categories.
Constructive and resulting trusts have a long history in English law, and the law which governs them continues to develop as they are pressed into service to perform a wide variety of different functions, for example, to support the working of express trusts and other fiduciary relationships, to allocate family property rights, and to undo the consequences of commercial fraud. However, while their conceptual flexibility makes them enormously useful, it also makes them hard to understand. In the twelve essays collected in this volume, the authors shed new light on various aspects of the law governing constructive and resulting trusts, revisiting current controversies, bringing new historical material to the fore, and offering new theoretical perspectives.
Equity And Trusts In Australia
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Author : Michael Bryan
language : en
Publisher: Cambridge University Press
Release Date : 2012-07-17
Equity And Trusts In Australia written by Michael Bryan and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-17 with Law categories.
The book provides a succinct, clear and accessible explanation of key theories and terminology in equitable and trust law and demonstrates how these are applied in practice with simple, topical examples. Bryan from University Melbourne, Vann from Monash.
Resulting Trusts
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Author : Robert Chambers
language : en
Publisher: Oxford University Press
Release Date : 1997
Resulting Trusts written by Robert Chambers and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
The resulting trust has received little attention in recent years and this may be because, until relatively recently, the law relating to resulting trusts was thought to be settled and uncontroversial. Most of the current academic writing about resulting trusts is found in the established textbooks on equity and trusts, but these tend to provide little more than catalogues of the situations in which resulting trusts arise. There is, however, very little consensus on the principle by which the resulting trust operates, including the fundamental question whether it arises by opertaion of law or depends on the presumed intention to create a trust. This book examines the true nature of the resulting trust and the question whether the trusts brought into being to reverse unjust enrichment should not include resulting trusts. It then considers whether, when resulting trusts are properly understood, it does turn out that it is through the resulting trust that equity makes its principle contribution to reversing unjust enrichment. This book examines principally the case law of the UK, Canada and Australia, and it also makes reference to the views of academic commentators as found in the standard texts and law journals.
Constructive And Resulting Trusts
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Author : Charles Mitchell
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-03-03
Constructive And Resulting Trusts written by Charles Mitchell and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-03-03 with Law categories.
Constructive and resulting trusts have a long history in English law, and the law which governs them continues to develop as they are pressed into service to perform a wide variety of different functions, for example, to support the working of express trusts and other fiduciary relationships, to allocate family property rights, and to undo the consequences of commercial fraud. However, while their conceptual flexibility makes them enormously useful, it also makes them hard to understand. In the twelve essays collected in this volume, the authors shed new light on various aspects of the law governing constructive and resulting trusts, revisiting current controversies, bringing new historical material to the fore, and offering new theoretical perspectives.
Property And Trust Law In Singapore
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Author : Alvin See
language : en
Publisher:
Release Date : 2018-12-11
Property And Trust Law In Singapore written by Alvin See and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-11 with Property categories.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in Singapore deals with the issues related to rights and interests in all kinds of property and assets - immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in Singapore will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.
Land Law
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Author : Ben McFarlane
language : en
Publisher: Oxford University Press, USA
Release Date : 2020
Land Law written by Ben McFarlane and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
Authoritative, analytical, and concise, McFarlane, Hopkins and Nield's Land Law provides succinct coverage on the core areas without sacrificing depth or detail. The authors' unique approach to land law arms students with the tools to apply an independent, critical thought process to the content covered in classes and assessments.
Resulting Trusts
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Author : John Mee
language : en
Publisher: Hart Publishing
Release Date : 2021-09-09
Resulting Trusts written by John Mee and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-09 with Law categories.
Interest in resulting trusts has greatly increased in recent years, spurred by academic arguments that such trusts should be seen as a response to unjust enrichment and, therefore, as capable of arising in a wider range of situations than previously understood. This book provides a comprehensive analysis of the different types of resulting trust, including the purchase money resulting trust, the resulting trust arising upon a voluntary transfer of property and the 'automatic' resulting trust. It also examines the unclear relationship between the resulting trust and two other significant types of trust: the Quistclose trust (which arises in the commercial context) and the 'common intention constructive trust' (which generally arises in the family context). As well as engaging fully with the intricacies of the modern law on resulting trusts, the book also considers the history and underlying nature of resulting trusts and, drawing on the insights that emerge, offers an answer to the argument that it is appropriate to reshape the law of resulting trusts by reference to the principles of unjust enrichment.
Equity In Commercial Law
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Author : Simone Degeling
language : en
Publisher:
Release Date : 2005
Equity In Commercial Law written by Simone Degeling and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Commercial law categories.
Based on the papers presented at Fusion: The Interaction of Common Law and Equity in Commercial Law held in Sydney in December 2004 -- Intro.
The Law Of Trusts
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Author : Mark R. Gillen
language : en
Publisher:
Release Date : 2021
The Law Of Trusts written by Mark R. Gillen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Trusts and trustees categories.
"The fourth edition of The Law of Trusts: A Contextual Approach continues to provide a comprehensive overview of the various contexts in which trusts may be employed. The development of the law of express trusts and trusts by operation of law is reviewed, including analysis of the impact that this area of law has had on various aspects of Canadian jurisprudence and social policy. This new edition includes an updated chapter on fiduciary obligations and continues to look at important issues such as trusts in Quebec, the use of trusts in the environmental and commercial contexts, as well as the fiduciary obligations that the federal government owes to Indigenous peoples."--
An Introduction To The Law Of Trusts
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Author : Simon Gardner
language : en
Publisher: Oxford University Press
Release Date : 2011-05-05
An Introduction To The Law Of Trusts written by Simon Gardner and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-05 with Law categories.
This text provides a concise and analytical overview of the English law of trusts, drawing out especially this area's underlying concerns and suggesting ways in which the rules can be explained and evaluated.