Contemporary Perspectives on Property, Equity, and Trusts Law

Contemporary Perspectives on Property, Equity, and Trusts Law PDF

Author: Martin Dixon

Publisher: Oxford University Press, USA

Published: 2007

Total Pages: 225

ISBN-13: 9780199219841

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This work counters the common perception that equity and trusts is a static area of law. The essays, written by leading academics and well established practitioners of the field, demonstrate both that the area is vibrant with new legislation and case law and shows the value of reconsidering familiar topics in the light of new developments. The scope of the book is wide ranging, covering equity, trusts and property and is divided into two main sections: the law of real property, and the law of equity and trusts. In Part One, a variety of topics surrounding the law of real property are discussed: from unconscionability, and the protection of third party interests, to property, marriage and ownership, and the impact of equality law on landlord and tenant regulations. Part Two focuses on the regulation of trusts and trustees and the impact of new legislation on charities such as hospitals and schools.

Essentials of Equity and Trusts Law

Essentials of Equity and Trusts Law PDF

Author: John Duddington

Publisher: Pearson Education

Published: 2006

Total Pages: 404

ISBN-13: 9780582894068

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This new textbook on equity and trusts law has been designed to cover all the main topics on undergraduate courses comprehensively but concisely. It offers a clear and accurate explanation of the law, presented in a systematic and logical order for learning and revision. The book is exceptionally accessible to students new to the subject.

Perspectives on Property Law

Perspectives on Property Law PDF

Author: Robert C. Ellickson

Publisher: Aspen Publishing

Published: 2023-02-01

Total Pages: 709

ISBN-13: 1543856160

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The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Perspectives on Property Law, edited by Robert C. Ellickson, Carol M. Rose, and Henry E. Smith is an interdisciplinary introduction to property law and institutions through edited and annotated readings from classic and contemporary sources. Entering its Fifth Edition, Perspectives on Property Law continues its track record of success. The authors supplement a wide selection of fascinating and essential readings on Property Law with their own commentary. This reader continues an approach tracing back to the landmark first edition—Bruce Ackerman's Economic Foundations of Property Law, published in 1975. Like all previous editions, this edition contains many selections, both classic and more recent, in law and economics. Included selections are also taken from sociology, psychology, history, philosophy, gender studies, game theory, and law and literature. New to the 5th Edition: Richard Brooks’s article on the dangers of racial discrimination from non-enforceable Restrictive Covenants. Yun-chien Chang’s chapter from a global comparative study questioning the basis for Adverse Possession. Thomas W. Merrill’s article on the Economics of Leasing. Henry E. Smith’s article on equity as meta-law and F.H. Lawson’s article on the creative use of legal concepts. Professors and students will benefit from: An assemblage of leading writings on the fundamental issues of Property Law Each selection is accompanied by notes, questions, and commentary designed to deepen student understanding A well-known and respected author team

Modern Studies in Property Law, Volume 11

Modern Studies in Property Law, Volume 11 PDF

Author: Sue Farran

Publisher: Bloomsbury Publishing

Published: 2021-07-29

Total Pages: 365

ISBN-13: 1509939288

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What are the contemporary challenges faced by property law as we enter the 2nd decade of the 21st century? This collection brings together the research and perspectives of an international body of academics and practitioners to consider these challenges and how even familiar topics must develop to meet new demands and developments. As with previous books in the Modern Studies in Property Law series, this volume adopts a broad approach to topics encompassed by 'property law' in the firm belief that the boundaries that divide are shadowy at best and constantly moving in the endeavour to keep up with what is 'modern'. This collection looks at 5 themes: - Comparative perspectives, including a chapter on grazing and cropping rights in Northern Ireland, and analysis of the anomalies of the English trust law as seen from a civil law perspective; - Taking and alienating property, including a chapter on bankruptcy and the family home; - Modern dilemmas, including chapters on trusts in virtual currency and on smart homes; - Old chestnuts – new challenges, including analysis of the mortgage law reform in Scotland and a chapter on the ouster principle in common law jurisdictions; and - Wills, death and other morbid topics, with chapters on English succession law and the role of knowledge and approval in retrospective assessments of capacity. Unfortunately, the COVID-19 pandemic prevented the 13th biennial conference being held in 2020 as planned but despite this, the authors and co-editors persevered to produce this interesting and diverse collection.

Ownership of Trust Property in China

Ownership of Trust Property in China PDF

Author: Zhen Meng

Publisher: Springer

Published: 2017-07-25

Total Pages: 171

ISBN-13: 9811058466

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This book presents a hotly debated issue concerning the ownership of trust property in China. The book describes various conventional interpretations of Chinese Trust Law submitted by legal scholars and compares diverse approaches regarding the ownership of trust property provided by jurisdictions globally. The book does not directly answer the question “Who is the owner of trust property in China?” Instead, using a social capital perspective, it develops a more practical perspective to explain why Chinese trust business has grown rapidly even in lack of legal certainty regarding the location of ownership of trust property. The book also further predicts under what conditions is the time ripe to clarify the location of the ownership of trust property in China. By employing those sociological concepts often used to depict and analyze society, this book outlines the structure of the Chinese trust business and related social relations in different stages, i.e., the current rapid development stage, and the possible transitional stage in the near future. The focus is on how the social network structure affects the behavior of actors (such as the settlor, the trustee, and the beneficiaries, and/or their potential candidates) within the relevant section of Chinese society. The book provides readers with an intensive analysis of the impacts of historical, cultural, and social elements on the legislation and development of trust law in China. It will appeal both to lawyers interested in the Chinese trust business and to comparative law researchers and social scientists.

The Economic Structure of Trusts

The Economic Structure of Trusts PDF

Author: M. W. Lau

Publisher: Oxford University Press

Published: 2011-01-13

Total Pages: 230

ISBN-13: 0199602409

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Providing an economic account of why trusts exist and how trust law should be shaped, this book explains the economic benefits of trusts as an extension of the law of property, arguing against accounts of trusts law grounded in the law of personal obligations. The theoretical model is then used to criticise recent developments in the law.

Equity and Trusts Law Directions

Equity and Trusts Law Directions PDF

Author: Gary Watt

Publisher:

Published: 2012-05-17

Total Pages: 528

ISBN-13: 0199644446

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Equity and Trusts Law Directions is an authoritative yet lively text with an emphasis on explaining clearly the key topics covered on equity and trusts courses. Rich learning features demonstrate how the law of equity and trusts is applied in the real world, and why it is such a stimulating and exciting field.

Marital Rights

Marital Rights PDF

Author: Robert Leckey

Publisher: Routledge

Published: 2017-07-05

Total Pages: 590

ISBN-13: 1351559176

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This volume gathers influential and cutting-edge scholarship on the international and domestic rights attaching to married couples and other adult relationships. Addressing examples from the European Court of Human Rights, UK, USA, Canada, Australia and South Africa, it traces contentious debates about the content of marital rights and responsibilities and whether law should reach beyond marriage, and if so how. Twenty-four essays and a substantial introduction highlight the complexity and contradictions as marital law grapples with gender equality, the aftermath of recognizing gay and lesbian rights, abiding economic inequalities, and ?exotic? issues such as forced marriage and polygamy.

Cases and Materials on Equity and Trusts

Cases and Materials on Equity and Trusts PDF

Author: Gary Watt

Publisher: Oxford University Press

Published: 2016

Total Pages: 609

ISBN-13: 0198737653

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In a subject that is heavily reliant on the specifics of case law, Cases & Materials on Equity & Trusts provides an essential source of reference for your studies in equity and trusts. The tenth edition contains a diverse range of relevant and interesting case law, statutory material, academic writing, and official proposals for law reform. Where appropriate, legal material is accompanied by non-legal sources to highlight important issues and make them more memorable. The book uses key features as tools to assist learning and revision, including questions, suggestions for further reading, and notes. Gary Watt continues to combine rigorous scholarship with a clear and accessible approach in his choice of materials and commentary. New cases featured in this edition include: The UK Supreme Court's decision in AIB Group (UK) plc v Mark Redler and Co Solicitors (2014) on liability for losses caused by breach of trust, FHR European Ventures LLP v Cedar Capital Partners LLC (2014) on liability for unauthorised fiduciary gains, Rawstron v Freud (2014) on secret trusts, Prest v Petrodel (2013) on resulting trust and statutory formalities, Jetivia SA v Bilta (UK) Ltd (in liquidation) (2015) and Les Laboratoires Servier & Anor v Apotex Inc (2014) on illegality and the reliance principle in resulting trusts, Williams v Central Bank of Nigeria (2014) on the nature of the equitable liability of third party 'strangers' to a trust, Curran v Collins (2015), Graham-York v York (2015), and Smith v Bottomley (2013) on constructive trusts of land, New and pending legislation, such as the Inheritance and Trustees' Powers Act 2014, the Charities (Protection and Social investment) Act 2016, the Cohabitation Rights Bill, and the Law Commission's draft Trusts (Concealment of Interests) Bill are also discussed. Book jacket.