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 British Constitution: A Very Short Introduction by Richard Calnan
Cover of the book Economic Theory of Bank Credit by Richard Calnan
Cover of the book Essentials of Dental Caries by Richard Calnan
Cover of the book The Oxford Handbook of Project Management by Richard Calnan
Cover of the book Is That a Big Number? by Richard Calnan
Cover of the book The Law of Investment Treaties by Richard Calnan
Cover of the book Copyright User Rights by Richard Calnan
Cover of the book The Right to Life in Armed Conflict by Richard Calnan
Cover of the book The Oxford Handbook of Law and Economics by Richard Calnan
Cover of the book Niels Bohr and the Quantum Atom by Richard Calnan
Cover of the book Moonstruck by Richard Calnan
Cover of the book Managing Resource Abundance and Wealth by Richard Calnan
Cover of the book Varieties of Logic by Richard Calnan
Cover of the book International Politics and Institutions in Time by Richard Calnan
Cover of the book The Oxford Handbook of Management Consulting 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