Subrogation and Marshalling
Subrogation and Marshalling

Author: Rory Gregson

Publisher: Bloomsbury Publishing

Published: 2024-10-31

Total Pages: 211

ISBN-13: 1509969241

DOWNLOAD EBOOK

This innovative and thought-provoking book studies how subrogation and marshalling should be understood in the context of private law. Subrogation and marshalling are legal rules which give a person new rights with prima facie the same content as someone else's extinguished rights. There is little examination of why the law does this. This book argues that the key to understanding subrogation is the distinctive form of the rights that it creates. The form of rights created reflects a particular role in ensuring interpersonal justice: subrogation's role is to properly distribute the burden of debts. Taking this model, the book goes on to resolve persistent controversies in the case law, including when subrogation should occur, what rights it should create, the relationship between subrogation and marshalling, and whether subrogation is a remedy for unjust enrichment.

The Law of Subrogation
The Law of Subrogation

Author: Henry Newton Sheldon

Publisher: BoD – Books on Demand

Published: 2024-04-08

Total Pages: 378

ISBN-13: 3385406617

DOWNLOAD EBOOK

Reprint of the original, first published in 1882.

Modern Studies in Property Law, Volume 12
Modern Studies in Property Law, Volume 12

Author: Natalie Mrockova

Publisher: Bloomsbury Publishing

Published: 2023-08-10

Total Pages: 327

ISBN-13: 1509963685

DOWNLOAD EBOOK

This edited collection of papers comes from the well-established Modern Studies in Property Law biennial conference. It examines a diverse range of topics in property law and uses a wide range of methodological approaches to reflect on a variety of current and emerging themes and important issues that have been overlooked, offering new analysis and insights that will be valuable for property lawyers, academics, and students. It considers new developments in property law, including those connected with digital assets and the issues that have arisen from co-housing. The contributors are leading academics and practitioners from several common law jurisdictions, which expands the book's focus and enhances its value to the reader.

The Law of Ship Mortgages
The Law of Ship Mortgages

Author: David Osborne

Publisher: Taylor & Francis

Published: 2024-08-26

Total Pages: 732

ISBN-13: 1040087272

DOWNLOAD EBOOK

This fully updated and comprehensive 3rd edition of The Law of Ship Mortgages provides readers with a practical, commercially based and definitive guide to the English law of ship mortgages. The authors, being seasoned practitioners, bring their extensive experience to bear on a number of difficult and developing areas of the law, such as: mortgagees’ duties, liability to charterers, the conflict of laws, work-outs, restructurings and cross-border insolvency. The 3rd edition includes new chapters on pre-delivery security, security over shares and on the increasingly important topic of ship leasing as a method of finance. It is written against the background of, and has regard to, ever-increasing sanctions affecting shipping and ship finance as well as the continued regulatory and industry-driven push towards reduction of emissions (IMO 2020 and IMO 2050). Written primarily with practitioners in mind, The Law of Ship Mortgages will continue to be extremely useful to legal professionals, especially in common law jurisdictions, involved in international ship finance or ship mortgage enforcement. It will also be a valuable resource for postgraduate students and academics, especially those with an interest in shipping law or the law of personal property more generally.

Defences in Equity
Defences in Equity

Author: Paul S Davies

Publisher: Bloomsbury Publishing

Published: 2018-05-03

Total Pages: 461

ISBN-13: 1509921028

DOWNLOAD EBOOK

This book is the fourth in a series of essay collections on defences in private law. It addresses defences to liability arising in equity. The essays range from those adopting a mainly doctrinal perspective to others that explore the law from a more philosophical perspective. Some essays concentrate on specific defences, while others are concerned with the links between defences, or with how defences relate to the structure of the law of equity generally. One aim of the book is to shed light on equitable doctrines by analysing them through the lens of defences. The essays offer original contributions to this complex, important but neglected field of scholarly investigation. The contributors – judges, practitioners and academics – are all distinguished jurists. The essays are addressed to all of the major common law jurisdictions.

Real Estate Financing
Real Estate Financing

Author: Brook Boyd

Publisher: Law Journal Press

Published: 2023-11-28

Total Pages: 1564

ISBN-13: 9781588520760

DOWNLOAD EBOOK

Real Estate Financing contains over 40 deal-specific forms and checklists online, covering everything from complex loan workouts to simple residential closings. The forms include information about each term and how it can be modified, with separate variations for lenders, borrowers or other parties. A "Data Input Sheet" lets you use the forms with widely available software and can serve as a "term sheet" for the transaction. The accompanying volume provides explanations of the issues along with the guidance you need to draft working documents quickly. Real Estate Financing includes: checklists for loan modifications; wraparound mortgage loans; subordinations; loans secured by condos, co-ops and time shares; sale-leasebacks; contingent interests; securitizations; deeds in lieu and consensual foreclosures; participations; installment sales; sales of mortgage loans; and much more. The checklists highlight "deal" terms, flag risks and hot issues, and direct users, through cross-references, to alternative approaches and analysis. Standards issued by ratings agencies for securitized loans are discussed in detail, as are the EPA and ASTM standards for Phase I environmental reports and the best Web sites for forms and drafting requirements. Book ɿ looseleaf, one volume, 1,550 pages; published in 1997, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-076-0.