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?
Description
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.
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Table of Contents
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
Product details
| Published | 15 Apr 2027 |
|---|---|
| Format | Ebook (PDF) |
| Edition | 1st |
| Pages | 288 |
| ISBN | 9781509969883 |
| Imprint | Hart Publishing |
| Series | Hart Studies in Private Law |
| Publisher | Bloomsbury Publishing |
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