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Understanding Transformative Proprietary Remedies in English Private Law
What is the Mere Equity?
Understanding Transformative Proprietary Remedies in English Private Law
What is the Mere Equity?
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Description
This book provides a ground-breaking new conceptualisation and complete account of the 'Mere Equity': it charts the development of 'transformative' proprietary remedies in English Law. It sets out a conceptual framework by which to understand those transformative remedies that create equitable proprietary rights rooted in the concept of decisional-control. This allows the work to illustrate how power(s) to create an equitable interest are exercised by courts within a framework of doctrinal rules stipulating when, how, and to what end such power(s) may be exercised. This is a complex field of private law, in much need of clarification, and scholars of private law will welcome this work.
Table of Contents
II. The 'Mere Equity' as 'Inchoate' Equitable Property
III. The 'Mere Equity' as a Substantive Hohfeldian Power: The Power Analysis of Equitable Rescission
IV. Illustrating Judicial Control in 'Mere Equity' Doctrines Generally
V. The Concept of 'Remedy' in Private Law
VI. 'Transformative' Remedies and Judicial Power(s): Examining the 'Remedial' Architecture
VII. English Law's Vision of Constructive Trusts
VIII. Court-Ordered Trusts in English Law
Product details
| Published | Apr 09 2026 |
|---|---|
| Format | Ebook (PDF) |
| Edition | 1st |
| Extent | 288 |
| ISBN | 9781509969883 |
| Imprint | Hart Publishing |
| Series | Hart Studies in Private Law |
| Publisher | Bloomsbury Publishing |
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