Author: Sarah Wilson
Publisher: Oxford University Press, USA
ISBN: 0198726252
Category : Law
Languages : en
Pages : 533
Book Description
Written in an enthusiastic and student-friendly style, Todd & Wilson's Textbook on Trusts & Equity explains the basic principles and rules of trusts law in a clear and unintimidating way. The book delivers focused, intellectually stimulating content, and gives in-depth coverage of the key areas taught on the undergraduate course.
Todd & Wilson's Textbook on Trusts & Equity
Author: Sarah Wilson
Publisher: Oxford University Press, USA
ISBN: 0198726252
Category : Law
Languages : en
Pages : 533
Book Description
Written in an enthusiastic and student-friendly style, Todd & Wilson's Textbook on Trusts & Equity explains the basic principles and rules of trusts law in a clear and unintimidating way. The book delivers focused, intellectually stimulating content, and gives in-depth coverage of the key areas taught on the undergraduate course.
Publisher: Oxford University Press, USA
ISBN: 0198726252
Category : Law
Languages : en
Pages : 533
Book Description
Written in an enthusiastic and student-friendly style, Todd & Wilson's Textbook on Trusts & Equity explains the basic principles and rules of trusts law in a clear and unintimidating way. The book delivers focused, intellectually stimulating content, and gives in-depth coverage of the key areas taught on the undergraduate course.
Todd & Wilson's Textbook on Trusts
Author: Sarah Wilson
Publisher: Oxford University Press, USA
ISBN: 019966319X
Category : Law
Languages : en
Pages : 520
Book Description
Written in an enthusiastic and student-friendly style, Todd & Wilson's Textbook on Trusts explains the basic principles and rules of trusts law in a clear and unintimidating way. The book delivers focused, intellectually stimulating content, and gives in-depth coverage of the key areas taught on the undergraduate course.
Publisher: Oxford University Press, USA
ISBN: 019966319X
Category : Law
Languages : en
Pages : 520
Book Description
Written in an enthusiastic and student-friendly style, Todd & Wilson's Textbook on Trusts explains the basic principles and rules of trusts law in a clear and unintimidating way. The book delivers focused, intellectually stimulating content, and gives in-depth coverage of the key areas taught on the undergraduate course.
Todd & Wilson's Textbook on Trusts & Equity
Author: Sarah Wilson
Publisher:
ISBN: 9780191793189
Category : Equity
Languages : en
Pages :
Book Description
Written in an enthusiastic and student-friendly style, 'Todd & Wilson's Textbook on Trusts & Equity' explains the basic principles and rules of trusts law in a clear and unintimidating way. The book delivers focused, intellectually stimulating content, and gives in-depth coverage of the key areas taught on the undergraduate course.
Publisher:
ISBN: 9780191793189
Category : Equity
Languages : en
Pages :
Book Description
Written in an enthusiastic and student-friendly style, 'Todd & Wilson's Textbook on Trusts & Equity' explains the basic principles and rules of trusts law in a clear and unintimidating way. The book delivers focused, intellectually stimulating content, and gives in-depth coverage of the key areas taught on the undergraduate course.
The Commercial Uses of Trusts
Author: Ruiqiao Zhang
Publisher: Bloomsbury Publishing
ISBN: 1509974075
Category : Law
Languages : en
Pages : 159
Book Description
This book provides a systematic and critical analysis of the role trusts play in modern commercial markets. Commercial trusts are complex and ever-evolving, and a reassessment of the traditional legal norms relating to them is much needed in order to provide new doctrinal insights. The book does just that: focusing on trusts in the UK, while drawing on developments in European jurisdictions and in China. It presents a thought-provoking assessment and a unified understanding of commercial trusts.
Publisher: Bloomsbury Publishing
ISBN: 1509974075
Category : Law
Languages : en
Pages : 159
Book Description
This book provides a systematic and critical analysis of the role trusts play in modern commercial markets. Commercial trusts are complex and ever-evolving, and a reassessment of the traditional legal norms relating to them is much needed in order to provide new doctrinal insights. The book does just that: focusing on trusts in the UK, while drawing on developments in European jurisdictions and in China. It presents a thought-provoking assessment and a unified understanding of commercial trusts.
Separation and Abstraction in Property Transfers
Author: Zhicheng WU
Publisher: BRILL
ISBN: 9004547932
Category : Law
Languages : en
Pages : 285
Book Description
This book argues that there are three dividing lines regarding modes and consequences of property transfers which should not be conflated by comparative lawyers, namely, intent alone versus intent plus, unitary approach versus separatist approach, and causality versus abstraction. Unlike Chinese law, English law takes a non-unified approach not only in the stage of transfer but also in the stage of restitution, where the consequence in relation to the property right transferred under a flawed underlying basis can be purely causal, purely abstract, and abstract in common law but causal in equity. Nevertheless, abstraction is normatively more justifiable than causality.
Publisher: BRILL
ISBN: 9004547932
Category : Law
Languages : en
Pages : 285
Book Description
This book argues that there are three dividing lines regarding modes and consequences of property transfers which should not be conflated by comparative lawyers, namely, intent alone versus intent plus, unitary approach versus separatist approach, and causality versus abstraction. Unlike Chinese law, English law takes a non-unified approach not only in the stage of transfer but also in the stage of restitution, where the consequence in relation to the property right transferred under a flawed underlying basis can be purely causal, purely abstract, and abstract in common law but causal in equity. Nevertheless, abstraction is normatively more justifiable than causality.
Toward the Reform of Private Waqfs
Author: Hamid Harasani
Publisher: BRILL
ISBN: 900430696X
Category : Law
Languages : en
Pages : 275
Book Description
Using a combination of the comparative legal method and hermeneutics, this book reconciles Islamic law with English trust’s law in these two main areas. It does not find it necessary for one legal system to reign supreme over the other, as such solutions will be questioned by the internal subjects of the dominated legal system, undermining the efficacy of this study. Rather, reconciliation is a mutual step to congruence taken by both legal systems. In the area of perpetuities, the book finds that neither Islamic Waqfs must be perpetual, nor common law trusts must have a rule against perpetuities. Regarding ownership theories, the multiplicity of rendered theories in both legal systems presents more than one avenue of reconciliation. Overall, the study finds that private Waqfs and private trusts can be reconciled without undermining the internal hermeneutic standpoints of both legal systems.
Publisher: BRILL
ISBN: 900430696X
Category : Law
Languages : en
Pages : 275
Book Description
Using a combination of the comparative legal method and hermeneutics, this book reconciles Islamic law with English trust’s law in these two main areas. It does not find it necessary for one legal system to reign supreme over the other, as such solutions will be questioned by the internal subjects of the dominated legal system, undermining the efficacy of this study. Rather, reconciliation is a mutual step to congruence taken by both legal systems. In the area of perpetuities, the book finds that neither Islamic Waqfs must be perpetual, nor common law trusts must have a rule against perpetuities. Regarding ownership theories, the multiplicity of rendered theories in both legal systems presents more than one avenue of reconciliation. Overall, the study finds that private Waqfs and private trusts can be reconciled without undermining the internal hermeneutic standpoints of both legal systems.
The Modern Cy-près Doctrine
Author: Rachael Mulheron
Publisher: Routledge
ISBN: 113539265X
Category : Law
Languages : en
Pages : 400
Book Description
It is unusual, in the precise world of law, to find instances of where ‘near enough is good enough’. This book explores when this is possible, referring to property and monetary transfers, under the increasingly important and influential cy-près doctrine. The doctrine decrees that, when literal compliance is impossible or infeasible, the intention of a donor or testator should be carried out ‘as nearly as possible’. Over the past thirty years, this doctrine has marched into other legal territory where ‘as near as possible’ is also considered sufficient, such as in class actions litigation and under non-charitable trusts. Discussing and analyzing key developments across the Commonwealth jurisdictions and the USA, this book considers whether there is a new and overarching definition which can be attributed to the cy-près doctrine. It asks whether there is a doctrinal symmetry of analysis that truly renders it a body of ‘cy-près law’ in the modern context and whether the doctrine can be expected to play an even greater role in the future. This book is of interest to researchers and practitioners working in trusts and charity law, property law, contract law, and class actions jurisprudence.
Publisher: Routledge
ISBN: 113539265X
Category : Law
Languages : en
Pages : 400
Book Description
It is unusual, in the precise world of law, to find instances of where ‘near enough is good enough’. This book explores when this is possible, referring to property and monetary transfers, under the increasingly important and influential cy-près doctrine. The doctrine decrees that, when literal compliance is impossible or infeasible, the intention of a donor or testator should be carried out ‘as nearly as possible’. Over the past thirty years, this doctrine has marched into other legal territory where ‘as near as possible’ is also considered sufficient, such as in class actions litigation and under non-charitable trusts. Discussing and analyzing key developments across the Commonwealth jurisdictions and the USA, this book considers whether there is a new and overarching definition which can be attributed to the cy-près doctrine. It asks whether there is a doctrinal symmetry of analysis that truly renders it a body of ‘cy-près law’ in the modern context and whether the doctrine can be expected to play an even greater role in the future. This book is of interest to researchers and practitioners working in trusts and charity law, property law, contract law, and class actions jurisprudence.
Textbook on Trusts
Author: Paul Todd
Publisher:
ISBN: 9780199260737
Category : Trusts and trustees
Languages : en
Pages : 498
Book Description
This new edition of this comprehensive text has been substantially updated in the light of developments since the last edition. The main changes include treatment of Trustee legislation enacted in 1999 and 2000, the state of play in the dynamic area of tracing, and constructive trusteeship and restitution. Containing extensive reference to contemporary views, this book contextualizes the major issues influencing and informing the subject's development and direction. It also has suggestions for further reading that encourage students to engage effectively with the most up-to-date literature on the subject.
Publisher:
ISBN: 9780199260737
Category : Trusts and trustees
Languages : en
Pages : 498
Book Description
This new edition of this comprehensive text has been substantially updated in the light of developments since the last edition. The main changes include treatment of Trustee legislation enacted in 1999 and 2000, the state of play in the dynamic area of tracing, and constructive trusteeship and restitution. Containing extensive reference to contemporary views, this book contextualizes the major issues influencing and informing the subject's development and direction. It also has suggestions for further reading that encourage students to engage effectively with the most up-to-date literature on the subject.
Earth Governance
Author: Klaus Bosselmann
Publisher: Edward Elgar Publishing
ISBN: 1783477822
Category : Law
Languages : en
Pages : 383
Book Description
The predicament of uncontrolled growth in a finite world puts the global commons Ð such as oceans, atmosphere, and biosphere Ð at risk. So far, states have not found the means to protect what, essentially, is outside their jurisdiction. However, the ju
Publisher: Edward Elgar Publishing
ISBN: 1783477822
Category : Law
Languages : en
Pages : 383
Book Description
The predicament of uncontrolled growth in a finite world puts the global commons Ð such as oceans, atmosphere, and biosphere Ð at risk. So far, states have not found the means to protect what, essentially, is outside their jurisdiction. However, the ju
Tort Law and the Legislature
Author: TT Arvind
Publisher: Bloomsbury Publishing
ISBN: 1782250557
Category : Law
Languages : en
Pages : 451
Book Description
The study of the law of tort is generally preoccupied by case law, while the fundamental impact of legislation is often overlooked. At a jurisprudential level there is an unspoken view that legislation is generally piecemeal and at best self-contained and specific; at worst dependent on the whim of political views at a particular time. With a different starting point, this volume seeks to test such notions, illustrating, among other things, the widespread and lasting influence of legislation on the shape and principles of the law of tort; the variety of forms of legislation and the complex nature of political and policy concerns that may lie behind their enactment; the sometimes unexpected consequences of statutory reform; and the integration not only of statutory rules but also of legislative policy into the operation of tort law today. The apparently sharp distinction between judicially created private law principles, and democratically enacted legislative rules and policies, is therefore questioned, and it is argued that to describe the principles of the law of tort without referring to statute is potentially highly misleading. This book shows that legislation is important not only because of the way it varies or replaces case law, but because it also deeply influences the intrinsic character of that law, providing some of its most familiar characteristics. The book provides the first extended interpretation of legislative intervention in the law of tort. Each of the chapters, by leading tort scholars, deals with an aspect of the influence of legislation on the law of tort. While the nature, sources and extent of legislative influence in personal injury law is an essential feature of the collection, other significant areas of tort law are explored, including tort in the context of commercial law, labour law, regulation and the welfare state. Essays on the Compensation Act 2006 and Human Rights Act 1998 bring the current state of the interplay between tort, politics and legislation to the forefront. In all of these contexts, contributors explore the deeper lessons that can be learned about the nature of the law of tort and its changing role and functions over time. Cited with approval in the Singapore Court of Appeal by VK Rajah JA in See Toh Siew Kee vs Ho Ah Lam Ferrocement (Pte) Ltd and others, [2013] SGCA 29
Publisher: Bloomsbury Publishing
ISBN: 1782250557
Category : Law
Languages : en
Pages : 451
Book Description
The study of the law of tort is generally preoccupied by case law, while the fundamental impact of legislation is often overlooked. At a jurisprudential level there is an unspoken view that legislation is generally piecemeal and at best self-contained and specific; at worst dependent on the whim of political views at a particular time. With a different starting point, this volume seeks to test such notions, illustrating, among other things, the widespread and lasting influence of legislation on the shape and principles of the law of tort; the variety of forms of legislation and the complex nature of political and policy concerns that may lie behind their enactment; the sometimes unexpected consequences of statutory reform; and the integration not only of statutory rules but also of legislative policy into the operation of tort law today. The apparently sharp distinction between judicially created private law principles, and democratically enacted legislative rules and policies, is therefore questioned, and it is argued that to describe the principles of the law of tort without referring to statute is potentially highly misleading. This book shows that legislation is important not only because of the way it varies or replaces case law, but because it also deeply influences the intrinsic character of that law, providing some of its most familiar characteristics. The book provides the first extended interpretation of legislative intervention in the law of tort. Each of the chapters, by leading tort scholars, deals with an aspect of the influence of legislation on the law of tort. While the nature, sources and extent of legislative influence in personal injury law is an essential feature of the collection, other significant areas of tort law are explored, including tort in the context of commercial law, labour law, regulation and the welfare state. Essays on the Compensation Act 2006 and Human Rights Act 1998 bring the current state of the interplay between tort, politics and legislation to the forefront. In all of these contexts, contributors explore the deeper lessons that can be learned about the nature of the law of tort and its changing role and functions over time. Cited with approval in the Singapore Court of Appeal by VK Rajah JA in See Toh Siew Kee vs Ho Ah Lam Ferrocement (Pte) Ltd and others, [2013] SGCA 29