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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Equity & trusts
The doctrine of sham is one that pervades the common law. This book
will be the first cross-disciplinary analysis of all aspects of the
sham doctrine, from its history and development to its varied
practical applications. For practitioners used to working in only
one area of sham, this volume allows a broader appreciation of the
doctrine as it is applied in diverse legal areas, such as tenancy
law, trusts, employment law and tax. These several areas are
expounded by experts in their field, including both leading
practitioners and distinguished scholars. Each contribution
considers how key themes apply in each field, such as how the
doctrine of sham is related to deceit or fraud, why the doctrine
has been found to be useful and how it relates to other principles
of statutory interpretation. This wide-ranging work is brought
together, not only by these key themes, but by the comparative
analysis of the editors, making this a substantial contribution to
the understanding of the common law doctrine of sham.
Exploring Private Law presents a collection of essays, by leading
scholars from across the world, on private law doctrines, remedies,
and methods. The overarching purpose of the collection, inspired by
recent debate, is to celebrate and illustrate the contribution that
both top-down' and bottom-up' methods of reasoning make to the
development of private law. With that purpose in mind, the
contributors to the collection explore a range of topics of current
interest: judicial approaches to top-down' and bottom-up' methods;
teaching trusts law; the protection of privacy in private law; the
development of the law of unjust enrichment; the private law
consequences of theft; equity's jurisdiction to relieve against
forfeiture; the nature of fiduciary relationships and obligations;
the duties of trustees; compensation and disgorgement remedies;
partial rescission; the role of unconscionability in proprietary
estoppel; and the nature of registered title to land.
A protector is a person appointed under the trust instrument given
powers in relation to the administration of the trust. The modern
use of protectors came about because settlors of international
trusts were concerned about the risks involved in transferring
their assets to trustees in distant countries. Protectors are now a
common and important feature of trust structures, as used in many
international financial centres. Protectors of Trusts is the ideal
first port of call for anyone who needs to know about trust
protectors, whether from a contentious or a non-contentious
perspective and aims to provide a comprehensive treatment of the
subject. Written by a leading practitioner from New Square
Chambers, this title draws together the law of protectors which,
like the jurisdictions of the trusts they protect, is found in
cases and statutes scattered around the world. Practical in
approach, this book analyses the relevant case law and statutory
provisions, and provides detailed guidance on the use of protectors
as well as coverage of the disputes which arise from their misuse.
This work comprehensively covers the subject, with chapters on
appointment and removal of protectors; powers; duties; remuneration
and indemnity; liabilities; litigation by and against protectors
and on enforcers of non-charitable purpose trusts.
The reception of the trust in civil law jurisdictions has generated
considerable conceptual debate internationally and in East Asia. In
Trust Law in Asian Civil Law Jurisdictions, the authors: * Provide
a detailed comparative examination of trust laws in Asian civil law
jurisdictions from both operational and theoretical perspectives *
Discuss the reception of the trust laws in Japan, South Korea,
Taiwan and China and the challenges facing them * Engage in
in-depth comparative inquiries as to how these Asian legal systems
resolve questions pertaining to the trust * Evaluate the
distinctive features of Asian trusts and how they are moulded to
suit the civilian legal frameworks within which they are situated.
The analysis intersects with the Trento trust project in Europe,
but also differs from it by providing valuable perspectives of the
'Asian' approaches to trust researchers in Asia and the Anglophone
world at large.
With the global economy in crisis, there is great need for a deeper
understanding of Australia's economic place in the world - both
today and throughout history. This new edition of Barrie Dyster and
David Meredith's highly successful book is fully updated and
includes three new chapters covering until the end of 2011. The
book explores the evolution of Australia's position in the global
economy from the start of the twentieth century through to the
present day, examining the international and local economies of
five key historical periods. With a focus on trade, foreign
investment and immigration, the book considers periods both of
growth and decline. By using historical perspectives to explain the
present and give direction to the future, this unique book presents
a rich account of Australia's position within a global economic
context. It is an essential resource for students and lecturers of
Australian economic history.
The term private equity typically includes investments in venture
capital or growth investment, as well as late stage, mezzanine,
turnaround (distressed) and buyout investments. It typically refers
to the asset class of equity securities in companies that are not
publicly traded on a stock exchange. However, private equity funds
do in fact make investments in publicly held companies. Chapters in
this book cover such public investments. The Handbook provides a
comprehensive picture of the issues surrounding the structure,
governance, and performance of private equity. It comprises
contributions from 41 authors based in 14 different countries. The
book is organized into eight parts, the first of which introduces
the issues, explains the organization of the handbook and briefly
summarizes the contributions made by the authors in each of the
chapters. Part II covers the topics pertaining to the structure of
private equity funds. Part III deals with the performance and
governance of leveraged buyouts. Part IV analyzes club deals in
private equity, otherwise referred to as syndicated investments
with multiple investors per investees. Part V provides analyses of
the real effects of private equity. Part VI considers the financial
effects of private equity. Part VII provides analyzes of listed
private equity. Finally, Part VIII provides international
perspectives on private equity.
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