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The Property Rights of Cohabitees

Autor John Mee
en Limba Engleză Hardback – 31 mar 1999
Although disputes upon the termination of a marriage are usually resolved in accordance with a legislatively determined scheme,similar disputes between unmarried cohabitees generally fall to be determined on the basis of rules developed by the courts. Much of the difficulty surrounding the area is attributable to the fact that it straddles a number of the traditional legal compartments, falling somewhere between equity, property, family, contract and restitution. The present book makes a determined effort to isolate each strand of the doctrinal tangle and to trace it back to its source. To this end, it considers developments in the established doctrines of resulting trust and estoppel before moving on to consider, in turn, the English 'common intention' trust; the modified resulting trust analysis favoured in Ireland; Lord Denning's abortive 'constructive trust of a new model'; the Canadian unjust enrichment approach; the Australian 'unconscionability' doctrine; and, finally, New Zealand's 'reasonable expectations' model. A comparative approach is taken throughout the book, culminating in a concluding chapter which draws together a number of themes that recur across the various doctrinal approaches.
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Specificații

ISBN-13: 9781901362763
ISBN-10: 1901362760
Pagini: 384
Dimensiuni: 156 x 234 x 30 mm
Greutate: 0.69 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Disputes between unmarried cohabitees generally fall to be determined on the basis of rules developed by the courts, rather than legislative schemes. This book attempts to isolate each strand of the doctrinal tangle and trace it back to its source.

Notă biografică

John Mee is a Lecturer in Law at University College Cork, Eire.

Cuprins

INTRODUCTION1. THE SOCIAL AND LEGAL BACKGROUND TO THE PROBLEM2. THE ORTHODOX PURCHASE MONEY RESULTING TRUST3. THE EXTENDED RESULTING TRUST4. ESTOPPEL IN EQUITY5. THE ENGLISH COMMON INTENTION TRUST6. THE NEW MODEL CONSTRUCTIVE TRUST7. THE CANADIAN UNJUST ENRICHMENT APPROACH8. THE CONSTRUCTIVE TRUST AS A REMEDY FOR UNCONSCIONABILITY IN AUSTRALIA9. NEW ZEALAND'S "REASONABLE EXPECTATIONS" APPROACH10. CONCLUSION

Recenzii

...an invaluable resource, charting the historical development of the approaches taken in each jurisdiction.The book is well written and presented, with extremely useful footnoting and a comprehensive index. In the opinion of the reviewer, Mee's book is informative and easy to read, and it should attract a readership beyond the guild of property lawyers!
Mees book is highly readable, intelligently argued and contains food for thought on both theoretical and practical levels.

Descriere

This book explores the individual concepts of equity, property, family, contract and restitution in terms of the property rights out cohabitees.