The Law Of Tracing
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The Law Of Tracing
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Author : Lionel D. Smith
language : en
Publisher: Clarendon Press
Release Date : 1997-07-24
The Law Of Tracing written by Lionel D. Smith and has been published by Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-07-24 with Law categories.
The law of tracing is a complex subject which has struggled to find a home in works on property, equity, commercial law and restitution. Broadly speaking, it addresses the question of when rights held in an asset can be asserted in another asset despite changes in form or attempts to 'launder' the initial asset. Properly understood this area of study is composed of several distinct topics. This book explores all the areas covered by the law of tracing in a degree of detail not previously reached in more general works.
The Law Of Tracing
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Author : Jordan English
language : en
Publisher:
Release Date : 2021-07
The Law Of Tracing written by Jordan English and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07 with Assets (Accounting) categories.
"The Law of Tracing determines when one right stands in place of another for the purposes of certain personal or proprietary claims. It is an important part of the law of property and trusts, and the law of remedies. This book aims to provide a comprehensive account of the law of tracing. It offers clear answers to fundamental questions such as "what is tracing" and "does tracing create new rights?", while also explaining in detail the tracing rules and the application of those rules in hard cases. The book provides a complete treatment of the law in Australia and England. In explaining the law, the book also engages with a number of controversies that have arisen as a result of recent cases and academic work. Each issue is analysed from first principles and from authority, making the book a useful tool for anyone advising on cases involving tracing, teaching the law of tracing, or wishing to better understand the subject." --
The Law Of Tracing In Commercial Transactions
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Author : Magda Raczynska
language : en
Publisher:
Release Date : 2018
The Law Of Tracing In Commercial Transactions written by Magda Raczynska and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Commercial law categories.
A pressing problem often facing commercial practitioners is how to determine the principle which would dictate when a proprietary claim is available and when it is not. This book explains the nature and structure of key interests in property in commercial transactions and analyses the incidence of proprietary claims available to holders of different interests in assets. This book is the first to approach the topic of tracing and derived assets in commercial transactions on a principled basis. It subjects an area of little authority and general academic comment to rigorous and detailed analysis. It contains treatment of the relevant case law and discussion of points that have yet to come up in litigation in England and abroad. By way of comparison, it considers salient aspects of the relevant rules under Article 9 of the US Uniform Commercial Code. The book is timely in light of the current debate on the shape of the law reform of secured transactions in England and elsewhere.
The Law Of Tracing In Commercial Transactions
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Author : Magda Raczynska
language : en
Publisher: Oxford University Press, USA
Release Date : 2018-02
The Law Of Tracing In Commercial Transactions written by Magda Raczynska 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 2018-02 with Law categories.
A pressing problem often facing commercial practitioners is how to determine the principle which would dictate when a proprietary claim is available and when it is not. This book explains the nature and structure of key interests in property in commercial transactions and analyses the incidence of proprietary claims available to holders of different interests in assets. 0This book is the first to approach the topic of tracing and derived assets in commercial transactions on a principled basis. It subjects an area of little authority and general academic comment to rigorous and detailed analysis. It contains treatment of the relevant case law and discussion of points that have yet to come up in litigation in England and abroad. By way of comparison, it considers salient aspects of the relevant rules under Article 9 of the US Uniform Commercial Code. The book is timely in light of the current debate on the shape of the law reform of secured transactions in England and elsewhere.
Law Of Tracing In Commercial Transactions
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Author : Raczynska Magda
language : en
Publisher:
Release Date : 2018
Law Of Tracing In Commercial Transactions written by Raczynska Magda and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
A pressing problem often facing commercial practitioners is how to determine the principle which would dictate when a proprietary claim is available and when it is not. This book explains the nature and structure of key interests in property in commercial transactions and analyses the incidence of proprietary claims available to holders of different interests in assets. The book starts by identifying the structure of those interests which the author terms "lesser proprietary interests", comprising security interests and interests based on retention of title in contracts of sale of goods, hire-purchase agreements, and leases, thereby contributing to the understanding of concepts which are traditionally used to explain this area of law such as bailment and fiduciary relationship. Using this framework, the book examines the circumstances in which the interestsare lost and the extent to which proprietary claims can be asserted in assets that derive from the original subject matter, that is proceeds, products and income, as well as in accretions. It examines these claims at three levels: first, as a matter of default rules in the absence of misappropriationof the original subject matter; secondly, as a matter of contract, considering the limits of contractual freedom; and thirdly, in circumstances in which the original subject matter has been misappropriated. This book is the first to approach the topic of tracing and derived assets in commercial transactions on a principled basis. It subjects an area of little authority and general academic comment to rigorous and detailed analysis. It contains treatment of the relevant case law and discussion of points that have yet to come up in litigation in England and abroad. By way of comparison, it considers salient aspects of the relevant rules under Article 9 of the US Uniform Commercial Code. The book istimely in light of the current debate on the shape of the law reform of secured transactions in England and elsewhere.
Claims To Traceable Proceeds
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Author : Aruna Nair
language : en
Publisher: Oxford University Press, USA
Release Date : 2018-03-08
Claims To Traceable Proceeds written by Aruna Nair 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 2018-03-08 with Law categories.
In this new book, Aruna Nair sets out her arguments for a re-evaluation of the law of tracing. A new model of the law of tracing is proposed and the book demonstrates how current problems can be solved using this new model. The rules of tracing are not shown not to be pure rules of evidence, aimed at resolving factual uncertainties; rather, they are explained as substantive rules of law, delineating the scope of a defendant's legal responsibility to a claimant. The book draws out the practical implications of this theoretical model, showing how a focus on defendant autonomy and claimant vulnerability can both explain the current state of English law and provide a critical perspective on potential future developments. The first part of the book considers the nature of tracing, providing an overview of the analytical and doctrinal questions raised by the current law, re-framing the dominant 'value' account of tracing, and proposing a new model which can solve problems in the current law. The second part of the book focusses on circumstances in which the tracing remedy is available to a claimant, demonstrating the practical application of such claims to specific problems. Finally, the third part of the book considers how the tracing remedy relates to other private law remedies, and the role it plays within the law of unjust enrichment.
Tracing The Roles Of Soft Law In Human Rights
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Author : Stéphanie Lagoutte
language : en
Publisher: Oxford University Press
Release Date : 2016
Tracing The Roles Of Soft Law In Human Rights written by Stéphanie Lagoutte 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 2016 with Law categories.
"Some of the contributions were presented at the 2014 Association of Human Rights Institutes Research Conference in Copenhagen"--Preface.
Tracing The Earliest Recorded Concepts Of International Law
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Author : Amnon Altman
language : en
Publisher: BRILL
Release Date : 2012-05-10
Tracing The Earliest Recorded Concepts Of International Law written by Amnon Altman and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-10 with Law categories.
This book offers a unique survey of legal practices and ideas relating to international relations in the Ancient Near East between 2500 and 330 BC.
A Student S Guide To Equity And Trusts
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Author : Judith Bray
language : en
Publisher: Cambridge University Press
Release Date : 2020-08-27
A Student S Guide To Equity And Trusts written by Judith Bray 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 2020-08-27 with Law categories.
Brings Equity and Trusts to life for students of all abilities with clearly explained principles and simple, practical examples.
The Asset Tracing And Recovery Review
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Author : Robert Hunter
language : en
Publisher:
Release Date :
The Asset Tracing And Recovery Review written by Robert Hunter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with Assets (Accounting) categories.