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Constructive and Resulting Trusts

Editat de C Mitchell
en Limba Engleză Hardback – 2 mar 2010
Constructive and resulting trusts have a long history in English law, and the law which governs them continues to develop as they are pressed into service to perform a wide variety of different functions, for example, to support the working of express trusts and other fiduciary relationships, to allocate family property rights, and to undo the consequences of commercial fraud. However, while their conceptual flexibility makes them enormously useful, it also makes them hard to understand. In the twelve essays collected in this volume, the authors shed new light on various aspects of the law governing constructive and resulting trusts, revisiting current controversies, bringing new historical material to the fore, and offering new theoretical perspectives.
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Specificații

ISBN-13: 9781841139272
ISBN-10: 1841139270
Pagini: 383
Dimensiuni: 156 x 234 x 30 mm
Greutate: 0.71 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Notă biografică

Charles Mitchell is a Fellow and Tutor in Law at Jesus College, Oxford, and a Professor of Law at the University of Oxford.

Cuprins

PART I: CONSTRUCTIVE TRUSTS 1 The Words Which Are Not There: A Partial History of theConstructive Trust PAUL MATTHEWS2 Reliance-Based Constructive Trusts SIMON GARDNER3 The Nature of the Trust in Rochefoucauld v Boustead WILLIAM SWADLING4 Remedies for Knowing Receipt CHARLES MITCHELL AND STEPHEN WATTERSON5 Knowing Receipt and Registered Land MATTHEW CONAGLEN AND AMY GOYMOUR6 The Centrality of Constructive and Resulting Trusts BEN McFARLANEPART II: RESULTING TRUSTS 7 'Automatic' Resulting Trusts: Retention, Restitution,or Reposing Trust? JOHN MEE8 Resulting Trusts and Unjust Enrichment: Three Controversies JAMES PENNER9 Is There a Presumption of Resulting Trust? ROBERT CHAMBERS10 The Presumption of Advancement JAMIE GLISTER11 Intention, Mistakes and Resulting Trusts CHARLIE WEBB12 Locus Poenitentiae: Repentance, Withdrawal and Luck IRIT SAMET

Recenzii

The collection of essays is a significant and important contribution in this area.
This collection of essays from an impressive range of experts is an important recent contribution to the debate.Many of the chapters in this volume will incite further debate, and none of them can be accused on simply rehearsing old arguments. The book is an invaluable resource for scholars, graduate students and able undergraduates.
The contribution this book makes to the law concerning constructive and resulting trusts is immense. The twelve essays challenge our preconceived ideas of these trusts by suggesting - often radically - new perspectives on how we should analyse the law...this book will prove to be a most rewarding read for those to whom the controversies of the law of trusts is appealing.

Descriere

This book sheds new light on various aspects of the law governing constructive and resulting trusts.