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There is a tension in English law between the idea that the courts
might provide a remedy by creating new property rights and the
understanding that the judiciary's role is limited to the
protection of existing proprietary interests with the power to
redistribute property residing in the legislature alone. While
there are numerous instances in which the courts intervene to
readjust property rights, these are disguised in metaphor and
fiction. However, this has meant that the law in this area has
developed without open consideration of justifications for
redistributing property. The result of this is that there is little
coherence in the law of proprietary remedies as a whole and a good
deal of it is indefensible. The book examines redistributive
processes such as tracing, subrogation and proprietary estoppel and
the use of the constructive trust in the context of contracts to
assign property, vitiated transactions, the profits of wrongdoing
and the breakdown of intimate relationships. It contrasts the
English treatment of this area of law with developments in other
common law jurisdictions where a more dynamic understanding of
property has permitted more open acknowledgement of the judicial
role in redistributing proprietary rights
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