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Proprietary Remedies in Context (Hardcover) Loot Price: R2,537
Discovery Miles 25 370
Proprietary Remedies in Context (Hardcover): Craig Rotherham

Proprietary Remedies in Context (Hardcover)

Craig Rotherham

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Loot Price R2,537 Discovery Miles 25 370 | Repayment Terms: R232 pm x 12*

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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


Imprint: Hart Publishing
Country of origin: United Kingdom
Release date: April 2002
First published: 2002
Authors: Craig Rotherham
Dimensions: 234 x 156 x 22mm (L x W x T)
Format: Hardcover - With printed dust jacket
Pages: 386
ISBN-13: 978-1-84113-165-8
Categories: Books > Law > Laws of other jurisdictions & general law > Social law > Public health & safety law
Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Property, real estate, land & tenancy law
LSN: 1-84113-165-2
Barcode: 9781841131658

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