The Law of Tracing
The Law of Tracing

Author: Lionel D. Smith

Publisher: Clarendon Press

Published: 1997-07-24

Total Pages: 453

ISBN-13: 0191587036

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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
The Law of Tracing

Author: Jordan English

Publisher:

Published: 2021-07

Total Pages: 0

ISBN-13: 9781760023065

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"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
The Law of Tracing in Commercial Transactions

Author: Magda Raczynska

Publisher: Oxford University Press, USA

Published: 2018-02

Total Pages: 304

ISBN-13: 9780198796138

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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.

Tracing the Roles of Soft Law in Human Rights
Tracing the Roles of Soft Law in Human Rights

Author: Stéphanie Lagoutte

Publisher: Oxford University Press

Published: 2016

Total Pages: 353

ISBN-13: 0198791402

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Building on a thorough analysis of relevant case studies, this volume systematically explores the roles of soft law in both established and emerging human rights regimes.

Controversies in the Common Law
Controversies in the Common Law

Author: Vanessa Gruben

Publisher: University of Toronto Press

Published: 2022-10-03

Total Pages: 264

ISBN-13: 1487540744

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Beverley McLachlin was the first woman to be Chief Justice of the Supreme Court of Canada. Joining the Court while it was establishing its approach to the Canadian Charter of Rights and Freedoms, McLachlin aided the court in weathering the public backlash against controversial decisions during her tenure. Controversies in the Common Law explores Chief Justice McLachlin’s approach to legal reasoning, examines her remarkable contributions in controversial areas of the common law, and highlights the role of judicial philosophy in shaping the law. Chapters in this book span thirty years, and deal with a variety of topics – including tort, unjust enrichment, administrative and criminal law. The contributors show that McLachlin had a philosophical streak that drove her to ensure unity and consistency in the common law, and to prefer incremental change over revolution. Celebrating the career of an influential jurist, Controversies in the Common Law demonstrates how the common law approach taken by Chief Justice McLachlin has been successful in managing criticism and ensuring the legitimacy of the Court.

A Student's Guide to Equity and Trusts
A Student's Guide to Equity and Trusts

Author: Judith Bray

Publisher: Cambridge University Press

Published: 2020-08-27

Total Pages: 451

ISBN-13: 1108473083

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Brings Equity and Trusts to life for students of all abilities with clearly explained principles and simple, practical examples.

Asset Tracing & Recovery
Asset Tracing & Recovery

Author: Bernd H. Klose

Publisher: Erich Schmidt Verlag GmbH & Co KG

Published: 2009-11-06

Total Pages: 1166

ISBN-13: 9783503116607

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Globalization has given criminals an unlimited number of possibilities especially in offshore areas to hide deprived assets. International experts of FraudNet deliver comprehensive and crucial knowledge about the possibilities of asset tracing and recovery, including: an introduction to the methods of fraud; international available remedies; supranational legal sources; basics of asset tracing and recovery in common law and civil law; respective national laws, regulations and proceedings of over 40 countries -- Back cover.

Persons and Masks of the Law
Persons and Masks of the Law

Author: John T. Noonan

Publisher: Univ of California Press

Published: 2002-05-29

Total Pages: 236

ISBN-13: 9780520235236

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"Noonan discusses how the concept of property, applied to a person, is a perfect mask since no trace of human identity remains. An auction of slaves in Virginia, the takeover of a banana plantation in Costa Rica, and an accident on the Long Island Railroad are the famous cases involving these four legal giants. The stories of the litigations at three different periods of our history provide a powerful analysis of American law. Breaking through the formalism in which jurisprudence is often enshrined, Noonan offers a compelling vision of law and a potent call for reform in the education and behavior of lawyers."--BOOK JACKET.

The Principles of Equity & Trusts
The Principles of Equity & Trusts

Author: Graham Virgo

Publisher: Oxford University Press

Published: 2018

Total Pages: 735

ISBN-13: 0198804717

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'The Principles of Equity and Trusts' brings an engaging contextual approach to the subject. Graham Virgo overcomes the complex issues in the study of trusts and equity with unparalleled clarity, offering a rigorous and insightful commentary on the law and its contemporary contexts.