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Understanding Transformative Proprietary Remedies in English Private Law: What is the Mere Equity?

Coming Soon Understanding Transformative Proprietary Remedies in English Private Law: What is the Mere Equity?

Understanding Transformative Proprietary Remedies in English Private Law: What is the Mere Equity?

Name: Understanding Transformative Proprietary Remedies in English Private Law: What is the Mere Equity?
Brand: Hart Publishing
SKU: 9781509969869
Price: 1134.90 HKD
Availability: PreOrder
Author: Adam Reilly
ISBN: 9781509969869

By Adam Reilly

Coming Soon Hart Publishing Available April 2027

Specifications

ISBN-13: 9781509969869
Publisher: Hart Publishing
Publication: April 2027
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

This book provides a ground-breaking new conceptualisation and complete account of the 'Mere Equity': it charts the development of 'transformative' proprietary remedies in English Law. It sets out a conceptual framework by which to understand those transformative remedies that create equitable proprietary rights rooted in the concept of decisional-control. This allows the work to illustrate how power(s) to create an equitable interest are exercised by courts within a framework of doctrinal rules stipulating when, how, and to what end such power(s) may be exercised. This is a complex field of private law, in much need of clarification, and scholars of private law will welcome this work.

I. Introduction

II. The 'Mere Equity' as 'Inchoate' Equitable Property

III. The 'Mere Equity' as a Substantive Hohfeldian Power: The Power Analysis of Equitable Rescission

IV. Illustrating Judicial Control in 'Mere Equity' Doctrines Generally

V. The Concept of 'Remedy' in Private Law

VI. 'Transformative' Remedies and Judicial Power(s): Examining the 'Remedial' Architecture

VII. English Law's Vision of Constructive Trusts

VIII. Court-Ordered Trusts in English Law

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