Proprietary Rights and Insolvency

Nonfiction, Reference & Language, Law, Bankruptcy, Commercial
Cover of the book Proprietary Rights and Insolvency by Richard Calnan, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Richard Calnan ISBN: 9780191077296
Publisher: OUP Oxford Publication: August 18, 2016
Imprint: OUP Oxford Language: English
Author: Richard Calnan
ISBN: 9780191077296
Publisher: OUP Oxford
Publication: August 18, 2016
Imprint: OUP Oxford
Language: English

This book explains how a creditor of an insolvent debtor can take priority over other creditors by claiming a proprietary interest in assets held by the debtor, and concentrates on the circumstances in which proprietary interests are created by operation of law or are implied from the arrangements between the parties. This is a subject of particular importance and difficulty in common law systems because of the changeable nature of equitable proprietary interests, and this book provides a clear and structured explanation of the current state of the law, with detailed reference to case law from England and Wales as well as Commonwealth jurisprudence, and suggests how it might be clarified and simplified by returning to first principles. The new edition considers a number of important developments which pertain to proprietary rights and insolvency. It evaluates the key decision of the Supreme Court in FHR European Ventures v Cedar Capital Partners. Although this has settled the question of whether constructive trusts extend to bribes, it has raised more general issues regarding the approach of the courts to the imposition of proprietary remedies, which the book explores. It also covers recent Privy Council and Court of Appeal decisions concerning constructive notice (Credit Agricole v Papadimitrou, Central Bank of Ecuador v Conticorp, and SFO v Lexi), as well as interesting issues concerning the new status of intangibles (Armstrong v Winnington) and the status of the anti-deprivation rule (Belmont Park v BNY). Proprietary Rights and Insolvency is a lucid and practical reference source on insolvency and property law.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This book explains how a creditor of an insolvent debtor can take priority over other creditors by claiming a proprietary interest in assets held by the debtor, and concentrates on the circumstances in which proprietary interests are created by operation of law or are implied from the arrangements between the parties. This is a subject of particular importance and difficulty in common law systems because of the changeable nature of equitable proprietary interests, and this book provides a clear and structured explanation of the current state of the law, with detailed reference to case law from England and Wales as well as Commonwealth jurisprudence, and suggests how it might be clarified and simplified by returning to first principles. The new edition considers a number of important developments which pertain to proprietary rights and insolvency. It evaluates the key decision of the Supreme Court in FHR European Ventures v Cedar Capital Partners. Although this has settled the question of whether constructive trusts extend to bribes, it has raised more general issues regarding the approach of the courts to the imposition of proprietary remedies, which the book explores. It also covers recent Privy Council and Court of Appeal decisions concerning constructive notice (Credit Agricole v Papadimitrou, Central Bank of Ecuador v Conticorp, and SFO v Lexi), as well as interesting issues concerning the new status of intangibles (Armstrong v Winnington) and the status of the anti-deprivation rule (Belmont Park v BNY). Proprietary Rights and Insolvency is a lucid and practical reference source on insolvency and property law.

More books from OUP Oxford

Cover of the book The Judicial House of Lords by Richard Calnan
Cover of the book Beyond the People by Richard Calnan
Cover of the book Pot Luck (Pot-Bouille) by Richard Calnan
Cover of the book Greenmantle by Richard Calnan
Cover of the book Puzzles of Reference by Richard Calnan
Cover of the book The Economic Development of Latin America since Independence by Richard Calnan
Cover of the book Lakes: A Very Short Introduction by Richard Calnan
Cover of the book Mathematics for the Curious by Richard Calnan
Cover of the book Peace by Design by Richard Calnan
Cover of the book The Long Road to Sustainability by Richard Calnan
Cover of the book Emotions and Personhood by Richard Calnan
Cover of the book Blackstone's Guide to the Equality Act 2010 by Richard Calnan
Cover of the book Professional Police Practice by Richard Calnan
Cover of the book Postcolonial Amazons by Richard Calnan
Cover of the book Democracy in Small States by Richard Calnan
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy