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?

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

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.

Table of Contents

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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