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 Proprietary Claims in Insolvency written by James Calnan and published by Butterworths. This book was released on 2000-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A creditor of an insolvent company or individual can only obtain priority over other unsecured creditors if it can be established that there us a proprietary interest. This text outlines a clear set of legal principles which can be used to resolve the practical problems arising from an insolvency where a proprietary claim is advanced. In doing so, it will look at the ways which a creditor can trace assets which have fallen into the hands of third parties, or trace the product of assets in the hands of an insolvent party. It will also cover the means by which a person can retain proprietary interest in an asset that comes into the hands of an insolvent party as well as the ways in which a creditor can obtain an interest in the asset.
Download or read book Proprietary Claims and Remedies written by Malcolm Cope and published by Gaunt. This book was released on 1997 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Tracing and Equity Proprietary Claims in the Context of Insolvency Law written by Stefan Grossmann and published by . This book was released on 2009 with total page 55 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Proprietary Claims and Their Priority in Insolvency written by A. J. Oakley and published by . This book was released on 1994 with total page 50 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 Restitution and Insolvency written by Francis D. Rose and published by Informa Law from Routledge. This book was released on 2000 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: The application of restitution and insolvency law has increased in recent years. Theses two areas of law were discussed at the annual conference of the restitution section of the Society of Public Teachers of Law in Leeds in September 1999. The revised papers are joined here by a variety of papers from other sources and explore a range of topical subjects of common interest to restitution and insolvency from theotrical, comparative and practical perspectives.
Download or read book Proprietary Rights and Insolvency written by Richard Calnan and published by Oxford University Press, USA. This book was released on 2016 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This topical title explains the circumstances in which a creditor of an insolvent debtor can take priority over other creditors by claiming a proprietary interest in assets held by the debtor. It focuses on the situation where the proprietary interests are created by operation of law or implied from the arrangements between the parties, rather than by express transfer or taking of security. The book clarifies the current state of the law in an important area of insolvency law (especially in times of economic crisis) where the law is not settled, taking into account the latest developments in case law, and suggesting how it might be simplified by going back to first principles, such as the way proprietary interests are transferred at common law and in equity. The book concerns both insolvency law and property law, being essentially concerned with the limits of the law of property, marking out its boundary with the law of obligations. It is of particular importance in common law systems because of the nature of equitable proprietary interests, and includes reference to Commonwealth authorities where relevant, including Australia, New Zealand and Canada. This work provides a structured and principled analysis of the topical and important area of creditors' proprietary rights in the event of insolvency of a debtor"--Provided by publisher.
Download or read book Goode on Proprietary Rights and Insolvency in Sales Transactions written by Royston Miles Goode and published by . This book was released on 2010 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rev. ed. of: Proprietary rights and insolvency in sales transactions / by R.M. Goode. 1985.
Download or read book Equity and Administration written by P. G. Turner and published by Cambridge University Press. This book was released on 2016-05-26 with total page 601 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is equity? This book explores modern equity's nature, especially its facilitative character and its role in common law systems.
Download or read book Constructive Trusts in Insolvency written by Anthony J. Duggan and published by . This book was released on 2016 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Canada and the United States, the constructive trust is a proprietary remedy awarded mainly to prevent unjust enrichment or to deter wrongdoing; the remedy gives the plaintiff an equitable proprietary interest in the disputed asset, as opposed to simply a money claim for the value of the asset. This feature of the constructive trust is particularly important if the defendant is insolvent or, by extension, if there is a substantial risk that the defendant may become insolvent before the judgment is satisfied. A constructive trust in insolvency is analogous to a security interest: it allows the plaintiff to take the disputed asset out of the defendant's estate, with the result that the plaintiff recovers in full on its claim. This is at the expense of the estate, which is correspondingly depleted, and the claims of the defendant's unsecured creditors which are, as a result, diminished. The Canadian case law on the availability of constructive trust relief in the defendant's insolvency is unsettled and there is confusion in both the case law and the literature as to the doctrinal basis of the remedy and the relevant policy considerations. It is commonly argued that a key policy consideration is, or should be, whether the plaintiff voluntarily accepted the risk of the defendant's insolvency. But, while popular in restitution circles, this approach is deeply problematic from a bankruptcy perspective. This paper examines the current state of the case law in Canada, identifies and critically analyzes the main theoretical arguments in the literature and suggests the basis on which the courts should approach cases of this kind.
Download or read book Equitable Proprietary Interests in Insolvency Law written by Fiona Dowling and published by . This book was released on 1998 with total page 67 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Ph D Thesis Consisting of Reservation of Title 2nd Ed 1995 And Proprietary Claims and Insolvency written by Gerard McCormack and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Proprietary Interests in Commercial Transactions written by Sarah Worthington and published by Oxford University Press. This book was released on 1996 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Worthington provides a broad overview of personal property law in a commercial context, examining the various devices used by contracting parties and attempting to distil a theoretically rigorous framework to describe the relevant laws.
Download or read book United Kingdom reforms of the law on the passing of property of a specific quantity of goods forming part of a bulk written by Lucie Novotna Krtousova and published by GRIN Verlag. This book was released on 2017-04-12 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2012 in the subject Law - Civil / Private / Law of Obligation / Property Law, grade: 72, Cardiff University (School of Law), course: LLB Module Sales of Godds and Agency, language: English, abstract: In this essay I will analyse the appropriateness of the reform of the law on the passing of property of a specific quantity of goods forming part of a bulk by measuring it against its objectives, examining how far it solves the problems of the old law and considering the inconsistencies which introduces into the Sales law. Firstly, the problems of the law before the reform and the reasons for the reform will be discussed. Secondly, the law introduced by the reform will be described; and thirdly, the solution offered by the reform and its interaction with the rules on passing of property and passing of risk will be critically analysed. The author will argue that while the reform seemingly successfully responds to all problems of the old law, after scrutiny it is clear that the reform suffers from inconsistency and immanent injustice and fails to provide the intended protection to the buyer. Until September 1995 where a buyer bought a specified quantity forming part of an identified bulk, i.e. 250 tons of wheat from a named ship carrying a cargo of 500 tons, he could not acquire property in the goods until the goods were ascertained. This was result of a mandatory rule in s. 16 which provided that “where there is a contract for the sale of unascertained goods no property in the goods is transferred to the buyer unless and until the goods are ascertained”. The most serious consequence of the mandatory rule in s. 16 was that the buyer did not acquire property in the goods even though he had paid for it and received a document purporting to be a document of title. If the seller became insolvent before the goods were ascertained, both the paid price and the goods in the bulk passed to the office-holder in insolvency for the benefit of secured creditors and the buyer happens to be merely an unsecured creditor with no proprietary claim to his goods. As follows the seller ́s secured creditors might receive an undeserved windfall, because both the goods and the paid price might fall into the assets of the insolvent seller in liquidation. The Sale of Goods (Amendment) Act 1995 attempted to solve this undesirable situation by introducing an exception to s.16. In s. 20A (1) it was introduced that unless otherwise agreed the prepaying buyer purchasing specified quantity of an identified bulk acquires an undivided share in the bulk ad becomes a tenant in common of the bulk.
Download or read book Creditor Treatment in Corporate Insolvency Law written by Kayode Akintola and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: The significant role of credit in obtaining corporate capital means that credit and the treatment of creditors’ interests raises distinctive issues in the event of company insolvency. In this book, Kayode Akintola addresses these issues, providing an exceptional in-depth analysis of the principles, policy and practice of creditor treatment in corporate insolvency law.
Download or read book Proprietary Rights and Insolvency in Sales Transactions written by Roy M. Goode and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
