Modern Law of Personal Property in England and Ireland PDF Download
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Author: Andrew P. Bell
Publisher: Lexis Law Publishing (Va)
ISBN:
Category : Law
Languages : en
Pages : 632
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Book Description
The aim of this book is simply stated: it is to examine, in the context of English and Irish law, what interests may exist in personal property (ie property other than land) and how those interests operate. This is a complex task, however: it involves bringing together and exploring the common foundations of matters that are generally, but misleadingly, presented as belonging to entirely separate legal categories. Thus, on the one hand, much of what is discussed falls within the field of commercial law: eg sale of goods, hire-purchase, work and materials contracts, bills of exchange, pledges, liens, company charges and corporate insolvency. On the other hand, much would be classified under that amorphous head equity: eg equitable interests, secret trusts, priorities and tracing. The book also finds a coherent home for matters that have no happy place in other types of work: gift (largely ignored elsewhere), assignment of choses in action (sometimes covered in books on equity, sometimes in works on the law of contract) and possession (relegated too often to works on jurisprudence).
Author: Andrew P. Bell
Publisher: Lexis Law Publishing (Va)
ISBN:
Category : Law
Languages : en
Pages : 632
Get Book Here
Book Description
The aim of this book is simply stated: it is to examine, in the context of English and Irish law, what interests may exist in personal property (ie property other than land) and how those interests operate. This is a complex task, however: it involves bringing together and exploring the common foundations of matters that are generally, but misleadingly, presented as belonging to entirely separate legal categories. Thus, on the one hand, much of what is discussed falls within the field of commercial law: eg sale of goods, hire-purchase, work and materials contracts, bills of exchange, pledges, liens, company charges and corporate insolvency. On the other hand, much would be classified under that amorphous head equity: eg equitable interests, secret trusts, priorities and tracing. The book also finds a coherent home for matters that have no happy place in other types of work: gift (largely ignored elsewhere), assignment of choses in action (sometimes covered in books on equity, sometimes in works on the law of contract) and possession (relegated too often to works on jurisprudence).
Author: Louis Arthur Goodeve
Publisher:
ISBN:
Category : Personal property
Languages : en
Pages : 648
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Book Description
Author: Louis Arthur Goodeve
Publisher:
ISBN:
Category : Personal property
Languages : en
Pages : 452
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Book Description
Author: Louis Arthur Goodeve
Publisher:
ISBN:
Category : Personal property
Languages : en
Pages : 874
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Book Description
Author: Arianna Pretto-Sakmann
Publisher: Bloomsbury Publishing
ISBN: 1847311024
Category : Law
Languages : en
Pages : 273
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Book Description
This study of the boundaries of personal property has an inward and an outward perspective, with the intellectual emphasis on the latter. The inward-looking inquiry considers shares as items of personal property. Nowadays those who think of themselves as shareholders often stand one step removed from the share itself. They hold what this book christens a sub-share. This part of the book asks in what sense shares and sub-shares can be conceived to be things, how those things are alienated, and how they are protected in litigation. The outward-looking inquiry then asks whether personal property can be contemplated as a sub-category of the law of things and, more particularly, as the law of all things locatable in space, alienable, or vindicable in court. The outward inquiry considers three boundaries. Within the law of property the line between realty and personalty proves relatively uncontroversial; the second boundary lies between property and obligations; the third between wealth and non-wealth. The second boundary is the main concern. Respect for it necessitates a differentiation between the law of property in the strict sense and the all-encompassing law of wealth, even where the consequence might be to exclude shares and sub-shares from the law of property. In maintaining the value of careful proprietary taxonomy and in reviving the underlying concepts on which it depends, this book opposes modern scepticism as to the possibility and desirability of precision in legal classification. In these commitments it could fairly be styled a post-modern study of personal property. Winner of the SLS Birks Prize for Outstanding Legal Scholarship 2006 - Second Prize.
Author: Duncan Sheehan
Publisher: Bloomsbury Publishing
ISBN: 1509901337
Category : Law
Languages : en
Pages : 633
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Book Description
The law of personal property covers a very wide spectrum of scenarios and, unfortunately, has had little detailed scrutiny of its overarching structure over the years. It is a system and can best be understood as a system. Indeed, without understanding it as a system, it becomes much more difficult to comprehend. The second edition of this acclaimed textbook continues to provide a comprehensive yet detailed coverage of the law of personal property in England and Wales. It includes transfer of legal title to chattels, the nemo dat rule, negotiable instruments and assignment of choses in action. It also looks at defective transfers of property and the resulting proprietary claims, including those contingent on tracing, the tort of conversion, bailment and security interests. By bringing together areas often scattered throughout company law, commercial law, trusts and tort textbooks, it enables readers to see common themes and issues and to make otherwise impossible generalisations across different contexts about the nature of the concepts English law applies. Throughout the book, concepts are explained rigorously, with reference to how they are used in commercial practice and everyday life. The new edition also includes a new chapter on secured transactions law reform, and introduces new material on the Cape Town Convention, IP rights and other intangible property. The book will be of primary interest to academics and practitioners in the area. However, it will also be of use to students studying commercial or personal property law.
Author: Wolfgang Faber
Publisher: Walter de Gruyter
ISBN: 3866537034
Category : Law
Languages : en
Pages : 641
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Book Description
This is the second volume of a series of national reports on basic issues concerning the acquisition and loss of ownership of movable assets. The series is planned to cover 27 European legal systems, distributed over six volumes. Starting with general property law issues like the concepts of ownership and possession employed in the different legal systems, and the means by which they are protected, the reports primarily focus on the “derivative” transfer of ownership, but their scope extends to good faith acquisition from a non-owner, acquisitive prescription, processing and commingling, and further related issues. The reports, prepared by national property law experts, provide the reader with detailed information about the rules, case law and legal literature in the jurisdictions concerned. They serve as a starting point for further comparative research in property law and also as a tool for practitioners searching for information on foreign legal systems.
Author: James E. Penner
Publisher: Oxford University Press
ISBN: 9780198260295
Category : Property
Languages : en
Pages : 262
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Book Description
In The Idea of Property in Law, Penner considers the concept of property and its place in the legal environment. Penner proposes that the idea of property as a "bundle of rights" - the right to possess, the right to use, the right to destroy etc. - is deficient as a concept, failing toeffectively characterise any particular sort of legal relation, and evading attempts to decide which rights are critical to the "bundle".Through a thorough exploration of property rules, property rights, and the interests which property serves and protects, Penner develops an alternative interpretation and goes on to consider how property interacts with the broader legal system.
Author: J C W Wylie
Publisher: Bloomsbury Publishing
ISBN: 152651348X
Category : Law
Languages : en
Pages : 1563
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Book Description
Written with both legal students and practitioners in mind, this highly specialist book is widely recognised as the definitive guide to Irish land law. Comprehensive and clear, this title not only covers the subject of Irish land law with depth and detail, it also offers invaluable information on equity, trusts and succession. It is regularly cited as authoritative by Irish judges at the highest level. Irish Land Law joins with John Wylie's other extensive work in conveyancing law and landlord and tenant law to cement Wylie's place as one the most esteemed authors in Irish property law. His other titles include Landlord and Tenant Law and Irish Conveyancing Law. Includes the following developments in case law: · Enforcement of mortgage debts and security for loans, including the impact of the Central Bank and Consumer Protection Codes and personal insolvency legislation. · Rules governing appointment of receivers and their duties and powers, including appointment of court receivers by way of equitable execution. · Operation of NAMA, its duties and powers. · Acquisition of public rights of way and of easements by prescription. · Enforcement of judgment mortgages and vacation of lites pendentes. · Adverse possession. · Nature of a licence coupled with an interest and right of residence. · Rules governing validity and construction of wills · Court powers to remove personal representatives and claims against a deceased person's estate. In addition, the new edition incorporates reference to new legislation, such as the Residential Tenancies (Amendment) Acts 2015, 2016 and 2019; Personal Insolvency (Amendment) Act 2015 and Land and Conveyancing Law Reform Act 2019. This title will naturally be of great use to solicitors, barristers, students of land law and government departments. However, it will also be of interest to property consultants, real estate agents and financial institutions.
Author: Thomas B. Courtney
Publisher: Bloomsbury Publishing
ISBN: 1784510467
Category : Law
Languages : en
Pages : 3265
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Book Description
The fourth edition of the leading company law textbook, provides the most authoritative and comprehensive commentary on Irish company law following the commencement of the Companies Act 2014. The Companies Act 2014 makes the most far-reaching and fundamental changes to Irish company law in two generations, putting forward a radically different approach whereby the private company limited by shares will become the new model company. The structure of the fourth edition of this highly regarded title mirrors this new Act. The Act comprises over 1,448 Parts and represents the modern statement of the law applicable to the formation of companies, administration and management to their winding up and dissolution, incorporating the rights and duties of their officers, members and creditors. The Act commences on 1 June 2015 and introduces significant changes for companies operating in Ireland. This work has been expanded and revised to account for these legislative changes and important case law. As chairperson of the Company Law Review Group, whose recommendations greatly informed the new Act and as a leading practitioner of company law, Tom Courtney has a unique insight to the new legislation, its purpose and interpretation.The fourth edition is virtually a complete re-write and at approximately 2,900 pages it is some 400 pages longer than the last edition. Fully updated to take account of the dozens of judgments from the Irish and UK courts that have been delivered since the previous edition as well as the new statutory provisions, the fourth edition of The Law of Companies is a 'must have' for all practitioners, students and users of Irish company law.
