Download or read book Proprietary and Quasi proprietary Rights Arising Upon Insolvency written by Thomas Gordon Anderson and published by . This book was released on 1981 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Proprietary Rights and Insolvency in Sales Transactions written by Royston Miles Goode and published by . This book was released on 1985 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Proprietary Rights and Insolvency written by Richard Calnan and published by . This book was released on 2016 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains how a creditor of an insolvent debtor can take priority over other creditors by claiming a proprietary interest in assets held by the debtor, and concentrates on the circumstances in which proprietary interests are created by operation of law or are implied from the arrangements between the parties. This is a subject of particular importance and difficulty in common law systems because of the changeable nature of equitable proprietary interests, and this book provides a clear and structured explanation of the current state of the law, with detailed reference to case law from England and Wales as well as Commonwealth jurisprudence, and suggests how it might be clarified and simplified by returning to first principles. The new edition considers a number of important developments which pertain to proprietary rights and insolvency.--
Download or read book Proprietary Claims and Insolvency written by Gerard McCormack and published by . This book was released on 1997 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of this text is the use of the trust and analogous devices by companies and individuals to gain priority over other creditors in the event of corporate collapse. It examines in detail the treatment of trusts at all stages of an insolvency, including the tracing of assets, changes in form, the investigation of profits accrued as a result of breaches in fiduciary duty, and remedies for redressing percieved injustices.
Download or read book The Law of Security and Title Based Financing written by Hugh Beale and published by OUP Oxford. This book was released on 2012-03-22 with total page 1456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Personal property security is an important subject in commercial practice, as it is the key to much of the law of banking and sale. This second edition has been fully updated and expanded to cover all important issues and changes within this highly complex area of law. It explains traditional methods of securing debts (such as mortgages, charges, and pledges) on property other than land, describing how these are created, how they must be registered (or otherwise 'perfected') if they are to be valid, the rights and duties of the parties, and how the security is enforced if the debt is not paid. The new edition includes an expanded section on priorities in which it explains how 'priority' disputes between competing interests over the same property are resolved. In addition the book covers the law governing other transactions that perform a similar economic function (such as finance leases, retention of title clauses, and sales of a company's book debts). These are not currently treated by the law as security and are therefore subject to different rules on perfection, priority, and enforcement. There is much expansion of the discussion relating to enforcement including the issue of 'right of use' following Lehman, more analysis on administration and all forms of non-possessory security and quasi-security, and a new chapter on enforcement of security addressing the right of appropriation under FC/FCAR and the Cukurova case. The conflict of laws section includes developments under the Rome I Regulation affecting assignment issues, the UNIDROIT Convention 2009 in relation to tiered holdings and the Cape Town Convention's extensions made to coverage of asset-backed security over equipment. It also addresses the changes brought about by the abolition of Slavenburg registration. This edition contains relevant points from the Banking Act 2009 concerning its impact on security, such as the power to protect certain interests on a transfer of property, and also considers amendments regarding liquidators' expenses under the Insolvency Rules. The authors additionally deal with the role of step-in rights and why they are part of the statutory definition of project finance in the Enterprise Act. Previously published as The Law of Personal Property Security, this new edition brings together all of the law on this complex area, providing guidance in the context of commercial practice, especially with increased coverage of conflict of laws, priority, insolvency, and enforcement.
Download or read book An Overview of the Legal Institutional and Regulatory Framework for Bank Insolvency written by International Monetary Fund. Monetary and Capital Markets Department and published by International Monetary Fund. This book was released on 2009-04-17 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study provides an overview of the legal, institutional, and regulatory framework that countries should put in place to address cases of bank insolvency. It is primarily intended to inform the work of the staffs of the International Monetary Fund (IMF) and World Bank, and to provide guidance to their member countries.
Download or read book Corporate and Personal Insolvency Law written by Fiona Tolmie and published by Routledge. This book was released on 2013-03-04 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.
Download or read book Proprietary Remedies in Context written by Craig Rotherham and published by Bloomsbury Publishing. This book was released on 2002-04-23 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a tension in English law between the idea that the courts might provide a remedy by creating new property rights and the understanding that the judiciary's role is limited to the protection of existing proprietary interests with the power to redistribute property residing in the legislature alone. While there are numerous instances in which the courts intervene to readjust property rights,these are disguised in metaphor and fiction. However, this has meant that the law in this area has developed without open consideration of justifications for redistributing property. The result of this is that there is little coherence in the law of proprietary remedies as a whole and a good deal of it is indefensible. The book 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, vitiated transactions, the profits of wrongdoing and the breakdown of intimate relationships. It contrasts the English treatment of this area of law with developments in other common law jurisdictions where a more dynamic understanding of property has permitted more open acknowledgement of the judicial role in redistributing proprietary rights.
Download or read book New Perspectives on Property Law written by Alistair Hudson and published by Routledge. This book was released on 2013-03-04 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.
Download or read book The Common European Sales Law in Context written by Gerhard Dannemann and published by OUP Oxford. This book was released on 2013-03-21 with total page 1149 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.
Download or read book Equity and Trusts written by Alastair Hudson and published by Routledge. This book was released on 2016-07-15 with total page 1253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alastair Hudson’s Equity and Trusts is an ideal textbook for undergraduate courses on the law of trusts and equitable remedies. It provides a clear, current and comprehensive account of the subject. The author’s enthusiasm and expertise shine through, helping to bring to life an area of the law which students often find challenging. This Ninth Edition has been extensively re-written but remains the same book in spirit as it has always been. It contains an analysis of the important decisions of the Supreme Court in FHR European Ventures v Cedar Capital, Jones v Kernott, and Williams v Central Bank of Nigeria, and the important decisions in Charity Commission v Framjee, Rawstron v Freud, Patel v Mirza, Federal Republic of Brazil v Durant, Hodkin, Novoship v Mihaylyuk, National Crime Agency v Robb, St Andrews (Cheam) Lawn Tennis Club, the after-effects of the Lehman Brothers collapse; and analysis of many other new cases besides. Equity and Trusts remains the most comprehensive and up-to-date coverage of the law of Equity and Trusts, while still a lively and thoughtful account of the issues raised by it. This book has been cited as being authoritative in the courts of numerous countries. The ninth edition is supported by the author's website at www.alastairhudson.com with brand new resources including: • short podcasts discussing and clarifying key topics from within the book, which cover an entire course; • complete lecture recordings made specifically to accompany this book; • New video documentaries bringing to life selected key topics; • A host of other online materials and study guides new for 2016. Review of a previous edition: ‘One of the book’s great strengths is its clear exposition of some very difficult areas of the law, moving seamlessly from points that puzzle students to points that puzzle practitioners. Other strengths are the breadth of its approach, the fact that it is extremely up to date, the freshness and vividness of its approach and its willingness to place equity in a wider context . . . The student will enjoy a clear, lively and challenging account of the subject matter. The practitioner will find the book well worth consulting for its clear exposition of the basic principles and of their application in difficult areas.’ – New Law Journal.
Download or read book Understanding Equity Trusts written by Alastair Hudson and published by Routledge. This book was released on 2014-08-13 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding Equity & Trusts is the sister text to Professor Hudson’s heavyweight textbook Equity & Trusts. It aims to give you a clear, accessible and comprehensive overview of the main themes in this dynamic area of the law. Whether used at the beginning of studying or in the period before examinations, this book will give you an invaluable grounding in all of the key principles of equity and the law of trusts. If you need help with trusts law, then this is the book for you. This book covers all of the topics that a student reader will encounter in any trusts law or equity course. The text deals with express trusts, resulting and constructive trusts, the duties of trustees, breach of trust and tracing, commercial uses of trusts, charities, equitable remedies and trusts of homes. Extensive updates have been made to the text to consider several major new cases decided since the last edition, including: Supreme Court decisions in Pitt v Holt, Jones v Kernott, and Lehman Brothers International v CRC, the continuing debate about the proper treatment of bribery and many other cases besides. The law of trusts is built on simple basic principles. The approach of this book is to begin with a clear presentation of those principles before guiding the reader through the more complex issues which are the focus of examinations in this subject. The lively text includes a large number of straightforward examples to make the discussion of the general law more accessible. Online support Visit the author’s website at http://www.alastairhudson.com or the Equity & Trusts site at http://www.routledge.com/cw/hudson in order to find podcasts of specially-recorded lectures covering the basic principles of a whole trusts law course and much more.
Download or read book Delaware Chancery Reports written by Delaware. Court of Chancery and published by . This book was released on 1926 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Restitution Past Present and Future written by William Cornish and published by Bloomsbury Publishing. This book was released on 1998-07-01 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume are dedicated to Gareth Jones, the retiring Downing Professor of English Law at the University of Cambridge. His contribution to legal scholarship has been immense, particularly in the fields of legal history, the law of trusts, charities law and, most famously, the law of restitution. The publication of the first edition of the Law of Restitution, which he co-authored with Lord Goff, stimulated a renaissance in the study of a subject which had previously lain dormant. The effect of its publication on English legal scholarship has been profound and enduring. In these essays, written by a group of the world's leading restitution scholars, the opportunity is taken to conduct a fresh appraisal of the development of the subject - to look, in other words, at the past, present, and future of the law of restitution. Contributors: John Baker, Peter Birks, Justice Finn, Roy Goode, Ewan McKendrick, Justice McLachlin, Sir Peter Millett, Lord Nicholls of Birkenhead, Richard Nolan, Janet O'Sullivan, Graham Virgo (as well as shorter contributions from invited commentators).
Download or read book Property Rights and Bijuralism written by Jan Jakob Bornheim and published by Mohr Siebeck. This book was released on 2020-10-12 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Using the Canadian experience as a model, Jan Jakob Bornheim shows that the efficient interaction of common law and civil law can take place on both vertical and horizontal planes."--
Download or read book The Australian Law Times written by and published by . This book was released on 1909 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt:
