基本説明
Offers a new approach to property in private law, including claims that arise to protect and recover property.
Full Description
Private Law and Property Claims sets out a distinctive analysis of some general issues in private law, including the nature of categories such as contract, tort and property, duties and liabilities as the basis of claims in private law, and the relationship between primary rights and remedies. In the light of this analysis, it offers a new approach to property in private law, including claims that arise to protect and recover property. It goes on to discuss the law of trusts, fiduciary relationships, and tracing; the remedial role of the trust; the nature of equity as a legal category; and the relationship between property and claims in tort to protect property. It also exposes the misconceptions underlying the modern approach to restitution and unjust enrichment and the problems this is causing in private law.
Contents
1. THE NATURE OF THE TRUST 2. LEGAL CLASSIFICATION 3. PROPERTY LAW 4. CLAIMS ARISING FROM INVALID TRANSFERS 5. DISGORGEMENT FOR WRONGDOING 6. TRUSTS AND CONTRACT 7. THE NATURE OF CONSTRUCTIVE AND RESULTING TRUSTS
