Welcome to our book review site go-pdf.online!
You may have to Search all our reviewed books and magazines, click the sign up button below to create a free account.
Explaining Constructive Trusts
Concerned with "rationalizing the rules" (Preface p. v) of constructive trusts, this reappraisal of the English law of trusts discounts two major existing theses regarding the rules (first, that, based on the North American experience, they should be considered as instruments of restitution; and second, that they are disorganized) and advances Elias' new thesis that "the rules should be regarded as instruments for the rational furtherance of three good aims: (1) making disponors abide by their dispositions...(2) making those who gain through loss to others give the gains up to those others...(3) making those who inflict losses on others repair those losses..." (Preface p. v).
Trends in Contemporary Trust Law
Rev. versions of papers originally presented at a conference held on Jan. 6-7, 1996 in Cambridge, U.K.
An Almanac of Contemporary Characterisation of Judicial Restatements -Annotated with Treaties, Statutes, Rules and Commentaries
JuriScience, is an approach through systematic study of the structure of legal phenomena in the law of nature from the perspective of philosophy of science, to inform by exploration of formulas, relations or order of phenomena, as held in the world under stipulated set of conditions, either universally or in a stated proportion of formalised categories in this jurisprudential version.
Taslim Olawale Elias
None
Rationalising Constructive Trusts
Constructive trusts significantly interfere with the rights of an apparent legal owner of property. This makes it necessary for their imposition to be properly explained and justified. Unfortunately, attempts to rationalise constructive trusts as a whole-as opposed to specific doctrines or particular aspects of constructive trusts-have been few and far between. Rationalising Constructive Trusts proposes a new structure for a coherent understanding of constructive trusts. By using a combination of conceptual tools, it provides answers to a number of crucial questions, for example: What are the ingredients of a constructive trust claim? What are the limits of constructive trusts? How can we rationalise the imposition of constructive trusts in particular situations? Why do judges exercise varying degrees of remedial discretion in different doctrines? From a wider perspective, the structured understanding helps us to appreciate the precise ambit and role of express, constructive, and resulting trusts.
An Essay on Equity in Pennsylvania
Laussat, Anthony. An Essay on Equity in Pennsylvania. Philadelphia: Published for the Institution, by Robert Desilver, 1826. vi, [7]-157, [2] pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 00-067115. ISBN 1-58477-139-9. Cloth. $60. * Written in 1825 and submitted as a dissertation to the Law Academy of Philadelphia. Laussat [1806-1833], a Philadelphia lawyer, traces the history of equity in the state, paying particular attention to the influence of Quaker beliefs and English Common Law. Although the work takes as its subject the law of equity in Pennsylvania, he views equity in its most profound sense, as the foundation of moral law. This study received high praise from Chancellor Kent, John Marshall, and George Sharswood. Cohen, Bibliography of Early American Law 4976.
