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 Subjective Consciousness by Richard Calnan
Cover of the book Europe Undivided by Richard Calnan
Cover of the book Whistleblowing by Richard Calnan
Cover of the book Glaciation: A Very Short Introduction by Richard Calnan
Cover of the book Meno and Other Dialogues by Richard Calnan
Cover of the book Security Entrepreneurs by Richard Calnan
Cover of the book Public Management Reform by Richard Calnan
Cover of the book Asian Data Privacy Laws by Richard Calnan
Cover of the book Vanity Fair and the Celestial City by Richard Calnan
Cover of the book Dhammapada by Richard Calnan
Cover of the book Ophthalmic Anaesthesia by Richard Calnan
Cover of the book Epilepsy in Women by Richard Calnan
Cover of the book British North America in the Seventeenth and Eighteenth Centuries by Richard Calnan
Cover of the book Career Behaviour and the European Parliament: All Roads Lead Through Brussels? by Richard Calnan
Cover of the book Veterinary Science: A Very Short Introduction 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