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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Commercial law
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Proprietary Rights and Insolvency (Hardcover, 2nd Revised edition)
Loot Price: R5,202
Discovery Miles 52 020
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Proprietary Rights and Insolvency (Hardcover, 2nd Revised edition)
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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.
General
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