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Trusts law : text and materials

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Publisher: Macmillan International Higher Education

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View: 249

Proprietary Claims and Remedies

Author: Malcolm Cope

Publisher: Federation Press

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Category: Debtor and creditor

Page: 218

View: 101

Professor Cope, author of Australia's leading work on constructive trusts, turns his attention to a major problem area for practitioners working in fields of bankruptcy and insolvency - the nature of equitable proprietary claims, the range of such remedies and the rules and presumptions developed for tracing. The first half of his new book is devoted to analysis of these issues, highlighting the effect of claims and the prerequisites for their successful establishment, particularly as regards pre-existing interests and a fiduciary relationship. The second half of the book is devoted to tracing and tracing problems at both common law and equity, particularly the equitable rules and presumptions developed to identify the subject matter of a remedy and to identify value in unmixed and mixed property.

The Impact of Equity and Restitution in Commerce

Author: Peter Devonshire

Publisher: Bloomsbury Publishing

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Category: Law

Page: 272

View: 513

Commercial relationships give rise to diverse forms of legal obligation in private law, including contract, tort, agency, company law and partnership. More controversially, equity and the law of restitution have a less defined and somewhat ambulatory role in regulating the affairs of commercial parties. Nevertheless, their impact is manifest in the commercial arena through the distinct types of liability they engender and the remedies that are imposed. This collection draws together the views of leading international scholars and judges to explore the nature and extent of this impact from two perspectives. Five chapters primarily address this impact at a macro-level, focusing on the roles of equity and the law of restitution in terms of legal taxonomy, doctrine and policy. In contrast, five further chapters primarily address this impact at a micro-level, focusing on selected liabilities and remedies within equity and the law of restitution. This bifocal approach enables a holistic appreciation of some important ways in which equity and the law of restitution affect or may affect commerce, with a view to fostering further debate over the fundamental issues at stake.

Principles of International Insolvency

Author: Philip R. Wood

Publisher: Sweet & Maxwell

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Category: Bankruptcy

Page: 1064

View: 301

This title covers the essentials of international insolvency with a very practical slant, providing the reader with a comparative overview of insolvency law and practice in the key jurisdictions of the world. The intention is to illustrate how the concepts and analyses raised throughout "The Law and Practice of International Finance" series may be applied in a real world setting

Dublin University Law Journal

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Category: Law

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View: 434

Proprietary Remedies in Context

A Study in the Judicial Redistribution of Property Rights

Author: Craig Rotherham

Publisher: Hart Publishing

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Category: Law

Page: 354

View: 464

This volume 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, and the breakdown of intimate relationships.

University of Western Australia Law Review

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Category: Law reviews

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View: 772

The University of New South Wales law journal

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Category: Law

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View: 259

Proprietary rights and insolvency in sales transactions

Author: Royston Miles Goode

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Category: Business & Economics

Page: 137

View: 353

Bankruptcy and Insolvency Taxation

Author: Grant W. Newton

Publisher: John Wiley & Sons

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Category: Business & Economics

Page: 752

View: 716

The thousands of mergers, acquisitions, and start-ups that have characterized the past years of business have created an increasing number of corporations in financial trouble: specifically, a shortage of venture capital or quick cash. Consequently, bankruptcy protection is now viewed as a strategic move to protect corporations from their creditors and allow them to reorganize. Fully revised and updated with new case studies and the latest coverage of regulations, Bankruptcy and Insolvency Taxation, Fourth Edition provides the answers to the questions financial managers will have on the tax aspects of bankruptcy strategy.

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