The Law of Tracing

Properly understood this area of study is composed of several distinct topics. This book explores all the areas covered by the law of tracing in a degree of detail not previously reached in more general works.

Author: Lionel D. Smith

Publisher: Oxford University Press

ISBN: 9780198260707

Category: Business & Economics

Page: 404

View: 325

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The law of tracing is a complex subject which has struggled to find a home in works on property, equity, commercial law and restitution. Broadly speaking, it addresses the question of when rights held in an asset can be asserted in another asset despite changes in form or attempts to 'launder' the initial asset. Properly understood this area of study is composed of several distinct topics. This book explores all the areas covered by the law of tracing in a degree of detail not previouslyreached in more general works.
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The Law of Tracing in Commercial Transactions

This new book explains the nature and structure of interests in property in commercial transactions.

Author: Magda Raczynska

Publisher: Oxford University Press, USA

ISBN: 0198796137

Category: Law

Page: 304

View: 207

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A pressing problem often facing commercial practitioners is how to determine the principle which would dictate when a proprietary claim is available and when it is not. This book explains the nature and structure of key interests in property in commercial transactions and analyses the incidence of proprietary claims available to holders of different interests in assets. 0This book is the first to approach the topic of tracing and derived assets in commercial transactions on a principled basis. It subjects an area of little authority and general academic comment to rigorous and detailed analysis. It contains treatment of the relevant case law and discussion of points that have yet to come up in litigation in England and abroad. By way of comparison, it considers salient aspects of the relevant rules under Article 9 of the US Uniform Commercial Code. The book is timely in light of the current debate on the shape of the law reform of secured transactions in England and elsewhere.
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Tracing the Roles of Soft Law in Human Rights

"Some of the contributions were presented at the 2014 Association of Human Rights Institutes Research Conference in Copenhagen"--Preface.

Author: Thomas Gammeltoft-Hansen

Publisher: Oxford University Press

ISBN: 9780198791409

Category:

Page: 368

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Soft law increasingly shapes and impacts the content of international law in multiple ways, from being a first step in a norm-making process to providing detailed rules and technical standards required for the interpretation and the implementation of treaties. This is especially true in the area of human rights. While relatively few human rights treaties have been adopted at the UN level in the last two decades, the number of declarations, resolutions, conclusions, and principles has grown significantly. In some areas, soft law has come to fill a void in the absence of treaty law, exerting a degree of normative force exceeding its non-binding character. In others areas, soft law has become a battleground for interpretative struggles to expand and limit human rights protection in the context of existing regimes. Despite these developments, little attention has been paid to soft law within human rights legal scholarship. Building on a thorough analysis of relevant case studies, this volume systematically explores the roles of soft law in both established and emerging human rights regimes. The book argues that a better understanding of how soft law shapes and affects different branches of international human rights law not only provides a more dynamic picture of the current state of international human rights, but also helps to unsettle and critically question certain political and doctrinal beliefs. Following introductory chapters that lay out the general conceptual framework, the book is divided in two parts. The first part focuses on cases that examine the role of soft law within human rights regimes where there are established hard law standards, its progressive and regressive effects, and the role that different actors play in the incubation process. The second part focuses on the role of soft law in emerging areas of international law where there is no substantial treaty codification of norms. These chapters examine the relationship between soft and hard law, the role of different actors in formulating new soft law, and the potential for eventual codification.
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Proprietary Remedies in Context

The book examines redistributive processes such as tracing, subrogation and proprietary estoppel and the use of the constructive trust.

Author: Craig Rotherham

Publisher: Hart Publishing

ISBN: 9781841131658

Category: Law

Page: 354

View: 284

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The book examines redistributive processes such as tracing, subrogation and proprietary estoppel and the use of the constructive trust.
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Claims to Traceable Proceeds

In this new book Aruna Nair sets out her arguments for a re-evaluation of the law of tracing.

Author: Aruna Nair

Publisher: Oxford University Press, USA

ISBN: 0198813406

Category: Law

Page: 256

View: 983

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In this new book, Aruna Nair sets out her arguments for a re-evaluation of the law of tracing. A new model of the law of tracing is proposed and the book demonstrates how current problems can be solved using this new model. The rules of tracing are not shown not to be pure rules of evidence, aimed at resolving factual uncertainties; rather, they are explained as substantive rules of law, delineating the scope of a defendant's legal responsibility to a claimant. The book draws out the practical implications of this theoretical model, showing how a focus on defendant autonomy and claimant vulnerability can both explain the current state of English law and provide a critical perspective on potential future developments. The first part of the book considers the nature of tracing, providing an overview of the analytical and doctrinal questions raised by the current law, re-framing the dominant 'value' account of tracing, and proposing a new model which can solve problems in the current law. The second part of the book focusses on circumstances in which the tracing remedy is available to a claimant, demonstrating the practical application of such claims to specific problems. Finally, the third part of the book considers how the tracing remedy relates to other private law remedies, and the role it plays within the law of unjust enrichment.
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The Law of Trusts

The Core Text Series takes the reader straight to the heart of the subject, providing a reliable and invaluable guide for students of law at all levels.

Author: James Penner

Publisher: Oxford University Press

ISBN: 9780198747598

Category: Equity

Page: 500

View: 119

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The Core Text Series takes the reader straight to the heart of the subject, providing a reliable and invaluable guide for students of law at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. The Law of Trusts provides a concise, yet academically rigorous, textbook that skilfully engages with both controversial and complex issues within the subject. James Penner provides perceptive analysis and original and thought-provoking commentary to give students an excellent grounding in what is considered to be a challenging subject. Drawing on a variety of learning features, including summaries of key issues discussed in each chapter, must-read cases, assessment questions, and carefully selected further reading, this approachable and thorough textbook equips students with the tools they need to engage critically with the subject.
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Equity and Trusts Law Directions

A considered balance of depth, detail, context, and critique, Directions books offer the most student-friendly guide to the subject; they empower students to evaluate the law, understand its practical application, and approach assessments ...

Author: Gary Watt

Publisher: Oxford University Press

ISBN: 9780198747628

Category:

Page: 560

View: 727

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The Directions series has been written with students in mind. The ideal guide as they approach the subject for the first time, this book will help them: DT Gain a complete understanding of the topic: just the right amount of detail conveyed clearly DT Understand the law in context: with scene-setting introductions and highlighted case extracts, the practical importance of the law becomes clear DT Identify when and how to critically evaluate the law: they'll be introduced to the key areas of debate and given the confidence to question the law DT Deepen and test knowledge: visually engaging learning and self-testing features aid understanding and help students tackle assessments with confidence Elevate their learning: with the ground-work in place you can aspire to take learning to the next level, with direction provided on how to go further Online Resources Centre An extensive Online Resource Centre provides a wide range of extra resources to further support studies, including: Student resources: DT Three video lectures presented by Gary Watt introduce key areas of debate within the subject DT General guidance on answering essay questions and problem scenarios DT Sample essay questions and problem scenarios, along with answer guidance DT Updates to the law post-publication DT Web links to further primary sources and commentary to aid your understanding DT Flashcard glossary to help test your knowlegde of key terms Lecturer resources: DT Test bank, comprising 200 multiple choice questions with answers and feedback
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Crime Gun Trace Reports

In an investigative is developing a CD - ROM that will train the law trace , special
agents attempt to track the full enforcement community in firearms identificachain
of possession to determine how the tion . The CD will contain graphic ...

Author:

Publisher:

ISBN: IND:30000071037562

Category: Firearms and crime

Page:

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Equity and Trusts

Presenting practical answers to fifty typical exam questions, this new edition helps students to penetrate and understand the complexities of equity and trusts.

Author: Mohamed Ramjohn

Publisher: Psychology Press

ISBN: 1859417418

Category: Law

Page: 188

View: 799

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Presenting practical answers to fifty typical exam questions, this new edition helps students to penetrate and understand the complexities of equity and trusts. Traditionally a difficult subject for those approaching it for the first time, special care has been taken to present the subject as a whole in a structured way, with basic matters examined first before moving on to more difficult concepts. Incorporating new questions and answers, this new edition has been fully updated to include: recent case law e.g. Choithram v Pagarani 2001, Pennington v Waine 2002, Twinsectra v Yardley 2002, Duggan v Governor of Full Sutton Prison 2004 discussion of the Charities Bill 2004 the implications of the Trustee Act 2000. Clarifying the mysteries surrounding the study of equity and trusts, this book contains essential advice and examples which illustrate how to successfully answer examination questions on the subject.
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The American Law Review

It is obvious , then , that property means quite a different thing at common law , as
modeled on feudal principles , from ... Tracing the law of descent as an essential
quality of property , probate courts are shown to be a necessary element in ...

Author:

Publisher:

ISBN: NYPL:33433009392618

Category: Law

Page:

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The history of the laws and courts of Hongkong tracing consular jurisdiction in China and Japan and including parliamentary debates and the rise progress and successive changes in the various public institutions of the colony from the earliest period to the present time

LAW RELATING TO REAL PROPERTY IN CHINA . 377 British A question having
arisen as to the law by which contracts Ch . XVI & II . entered into with Her
Majesty ' s subjects on Chinese territory 1856 by Chinese subjects for the cession
of ...

Author: James William Norton-Kyshe

Publisher:

ISBN: BSB:BSB10563615

Category:

Page:

View: 437

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Q A Equity Trusts

Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers that help you to: Plan your revision: introducing how best to approach revision in each ...

Author: Mohamed Ramjohn

Publisher: Routledge

ISBN: 9781317673859

Category: Law

Page: 212

View: 541

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Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers that help you to: Plan your revision: introducing how best to approach revision in each subject Know what examiners are looking for: identifying and explaining the main elements of each question to help you understand the best approach providing marker annotation to show how examiners will read your answer Gain marks, and avoid common errors: identifying common pitfalls students encounter in class and in assessment providing revision advice to help you aim higher in essays and exams Understand and remember the law: using diagrams as overviews for each answer to demonstrate how the law fits together The series is also supported by an online resource that allows you to test your progress during the run-up to exams. Features include: multiple choice questions, bonus Q&As and podcasts. www.routledge.com/cw/revision
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Equity and Trusts

This book is essential reading for all those seeking a modern approach to this crucial area of law.

Author: Alastair Hudson

Publisher: Psychology Press

ISBN: 1859419771

Category: Law

Page: 1092

View: 648

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Equity and Trusts has quickly established itself as a market leader due to it clarity, insight and accessibility in what is perhaps the most complex of legal areas. Hudson's scholarly account of the subject makes this text sufficiently authoritative for trust practitioners but also provides a comprehensible introduction for a student audience. As in previous editions, the traditional doctrines are analyzsed in the context of current issues and the book's progressive approach intersperses discussion of the core ideas with clear examples. This fourth edition has been extensively rewritten and includes new chapters on: understanding the trust certainty in the creation of express trusts the rights of beneficiaries and the beneficiary principle, formalities in the creation of express trusts, constructive trusts breach of trust miscellaneous equitable remedies. Individual essays on the nature of express trusts, the law on fiduciaries, family law, human rights law and equity draw together the main principles while examining related questions of restitution and social justice. This book is essential reading for all those seeking a modern approach to this crucial area of law.
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Laundering and Tracing

This collection of essays, the first on the subject, throws important fresh light on the solutions offered by the common law and equity, and considers the directions in which recent landmark cases are likely to take the law.

Author: Peter Birks

Publisher: Oxford University Press

ISBN: 9780198261018

Category: Law

Page: 353

View: 775

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The legal difficulties arising out of the growing number of money laundering cases reaching the courts are the subject of a burgeoning literature. There is vigorous debate among practitioners, judges and academics as to what the civil courts can do to assist plaintiffs seeking to recover funds in the UK and overseas. This collection of essays, the first on the subject, throws important fresh light on the solutions offered by the common law and equity, and considers the directions in which recent landmark cases are likely to take the law.
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New Zealand Universities Law Review

Included in the section on the common law tracing rules is material on the law ' s
response to the alteration of another ' s goods , the mixing of two or more persons
' goods , and the use of another ' s goods to create new goods . Protection of ...

Author:

Publisher:

ISBN: STANFORD:36105063737253

Category: Law

Page:

View: 409

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The Law of Finance

COMMON LAW TRACING herp 24-08 Crcumst sactions mino 510 de 10 S daj my
A. The limitations of common law tracing in financial transactions Common law
tracing will be of limited use in many financial transactions because typically in ...

Author: Alastair Hudson

Publisher:

ISBN: IND:30000125361968

Category: Finance

Page: 1428

View: 692

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The Law of Finance aims, for the first time in a single volume, to account for the whole of international finance as understood in English law. The volume is divided into two halves with section one considering the principles of the law of finance and section two considering the full range of modern financial techniques in their legal context.
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Tracing the Earliest Recorded Concepts of International Law

This book offers a unique survey of legal practices and ideas relating to international relations in the Ancient Near East between 2500 and 330 BC.

Author: Amnon Altman

Publisher: BRILL

ISBN: 9789004222526

Category: Law

Page: 254

View: 258

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This book offers a unique survey of legal practices and ideas relating to international relations in the Ancient Near East between 2500 and 330 BC.
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The American and English Encyclopedia of Law

Bishop on Non - Contract Law , $ 41 . Western Union Tel . Co . , 31 Fed . Rep .
The policy of the law in refusing to 134 ; Bishop on Non - Contract Law , trace
effects back to remote causes is 43 . plain . We may trace consequences back
Other ...

Author: John Houston Merrill

Publisher:

ISBN: HARVARD:32044093015741

Category: Law

Page:

View: 906

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