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Proprietary Interests in Commercial Transactions (Hardcover)
Loot Price: R4,818
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Proprietary Interests in Commercial Transactions (Hardcover)
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One of the most pressing problems now facing commercial lawyers is
to explain the principles which determine when a remedy is
proprietary and when it is not. This book provides a broad overview
of the subject. It examines representative business transactions
which commonly give rise to legal or equitable interests in
personal property. Its aim is to distil the fundamental principles
understanding the relevant legal analyses. The result is to provide
a more theoretically rigorous analytical framework for proprietary
interests in personal property. The practical advantages of this
are potentially twofold: new commercial transactions can be more
effectively structured; in addtion, disputes between contracting
parties can be more reliably resolved. Two features of the analysis
are significant. The first is the elastic nature of proprietary
interests in personal property. Although proprietary interests can
be broadly classified as ownership or security interests, these are
relative concepts which may be affected significantly by impinging
contractual arrangements. The second feature is the necessary and
intimate integration of law and equity. Equitable proprietary
interests are remarkabldy prevalent; this prevalence is directly
related to the apparent ease with which equity is able to convert
particular personal obligations into proprietary interests.
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