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Erasmus (Paperback)
Arthur Lionel Smith
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R341
Discovery Miles 3 410
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Ships in 12 - 17 working days
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This review discusses the most important and influential papers in
the field of Equity and Trusts. While taking seriously the intimate
and historical relationship between English Equity and the law of
trusts, it also addresses new and comparative perspectives on the
subject, bringing together common law and civil law, doctrinal
scholarship and socio-legal analysis, historical approaches to
Equity and functional ones. The review includes a wide range of
authors and outlooks ranging from Frederic Maitland to recent
material on fiduciary obligations and discretionary trusts,
highlighting the universality of Equity as a body of law, and the
nature of the Trust as a fundamental juristic institution. This
literary piece promises to be a useful tool for academics
captivated by this subject area.
'Opening a property law book often results in reading mere
technical descriptions of enforceable rules within a given legal
system. This book edited by Michele Graziadei and Lionel Smith
breaks this tradition by providing a complete, high-level and
up-to-date introduction to key issues in contemporary property law
from a multidisciplinary and global perspective. Thanks to the
diversity and the quality of the various contributions, it is a
perfect gateway for anyone broadly interested in the field.'
Mikhail Xifaras, Sciences Po Law School, France Comparative
Property Law provides a comprehensive treatment of property law
from a comparative and global perspective. The contributors are
leading experts in their fields who cover both classic and new
subjects, including the transfer of property, the public-private
divide, water and forest laws and the property rights of aboriginal
peoples. Incorporating contributions from a variety of countries,
this handbook explores property law with a critical edge, viewing
the subject through the lens of both public and private law theory
and providing a springboard for further research. This unique
coverage of new and emerging subjects in property law also examines
developments in Africa, Latin America and China. This handbook maps
the structure and the dynamics of property law in the contemporary
world and will be an invaluable reference for scholars working
across the breadth of the field. Contributors include: B.
Akkermans, L. Alden Wily, R. Aluffi, M.R. Banjade, A. Braun, T.
Earle, Y. Emerich, J.L. Esquirol, D. Francavilla, F. Francioni, M.
Graziadei, A.M. Larson, A. Lehavi, F. Lenzerini, K. McNeil, I.
Monterroso, E. Mwangi, S. Praduroux, S. Qiao, G. Resta, D.B.
Schorr, L. Smith, B. Turner, F.K. Upham, A. van der Walt, L. van
Vliet, F. Valguarnera, R.l. Walsh
'Opening a property law book often results in reading mere
technical descriptions of enforceable rules within a given legal
system. This book edited by Michele Graziadei and Lionel Smith
breaks this tradition by providing a complete, high-level and
up-to-date introduction to key issues in contemporary property law
from a multidisciplinary and global perspective. Thanks to the
diversity and the quality of the various contributions, it is a
perfect gateway for anyone broadly interested in the field.'
Mikhail Xifaras, Sciences Po Law School, France Comparative
Property Law provides a comprehensive treatment of property law
from a comparative and global perspective. The contributors are
leading experts in their fields who cover both classic and new
subjects, including the transfer of property, the public-private
divide, water and forest laws and the property rights of aboriginal
peoples. Incorporating contributions from a variety of countries,
this handbook explores property law with a critical edge, viewing
the subject through the lens of both public and private law theory
and providing a springboard for further research. This unique
coverage of new and emerging subjects in property law also examines
developments in Africa, Latin America and China. This handbook maps
the structure and the dynamics of property law in the contemporary
world and will be an invaluable reference for scholars working
across the breadth of the field. Contributors include: B.
Akkermans, L. Alden Wily, R. Aluffi, M.R. Banjade, A. Braun, T.
Earle, Y. Emerich, J.L. Esquirol, D. Francavilla, F. Francioni, M.
Graziadei, A.M. Larson, A. Lehavi, F. Lenzerini, K. McNeil, I.
Monterroso, E. Mwangi, S. Praduroux, S. Qiao, G. Resta, D.B.
Schorr, L. Smith, B. Turner, F.K. Upham, A. van der Walt, L. van
Vliet, F. Valguarnera, R.l. Walsh
This title was first published in 2001. In the Western legal
tradition, the history of restitution for unjust enrichment reaches
back to pre-classical Roman law. In common law, the roots of unjust
enrichment may be said to lie in the fourteenth century; but its
history as a subject of academic study is much shorter. The law of
restitution has become increasingly important in the courts of the
common law world during the last decade. This has generated a great
deal of scholarly attention and there has been an explosion of
literature as legal academics have addressed the theoretical
foundations of the subject, its structure and its underlying
principles. This volume collects the most important elements of
that literature, organized thematically, to show how the subject is
developing and where it is likely to go in the future.
Swathes of the human world are covered in ornamental grass lawns;
they are the single most commonly encountered horticultural feature
on the planet. Unfortunately, they are now often viewed as
resource-draining green deserts due to the lack of plant and animal
diversity, the need for frequent mowing and watering, and addition
of lawn greening products to keep them looking at their best. It is
a venerable horticultural feature that is essentially frozen in
time, and with few alternatives to whet the appetite, the lawn has
languished in its current grass-only format for decades. Until now.
Tapestry lawns are a new, practically researched and timely
development of the ornamental lawn format that integrates both
horticultural practice and ecological science and re-determines the
potential of a lawn. Mown barely a handful of times a year and with
no need for fertilisers or scarifying, tapestry lawns are
substantially richer in their diversity of plant and animal life
compared to traditional grass-only lawns and see the return of
flowers and colour to a format from which they are usually
purposefully excluded. Tapestry Lawns: Freed from Grass and Full of
Flowers traces the changes in the lawn format from its origins to
the modern day and offers information on how and why the tapestry
lawn construct is now achievable. It provides guidance on how to
create and maintain a tapestry lawn of your own and champions the
potential benefits for wildlife that can follow. Features
Accessible and informative to all types of readers from academic to
amateur Includes a refined and tested set of useful tapestry lawn
plants Contains step-by-step instructions for creation and
management methods of grass-free lawns Illustrated in full colour
If you have ever thought about mowing your lawn much less, making
it much more colourful and wildlife friendly, then this book will
inform and guide you to create a perfect, grass-free lawn.
In European legal systems, a variety of approaches to trust and
relationships of trust meet the universal professionalisation of
asset management services. This book explores that interface in
order to seek a better understanding of the legal regulation of the
entrustment of wealth. Within the methodology of the Common Core of
European Private Law, the book sets out cases on the establishment
and termination of management relationships, obligations of loyalty
and of professionalism, and the choice of law. More specialized
cases address collective investment, collective secured lending,
pension funds, and securitisation. Reports on these cases from
fifteen jurisdictions of the European Union tackle fundamental
problems of trust law and show which legal techniques are deployed
to solve them across Europe. In addition to a much-needed
comparative treatment of the subject, the book discusses the
scholarly setting for the issues and gives guidance on the
terminology in the evolving European scene.
In European legal systems, a variety of approaches to trust and
relationships of trust meet the universal professionalisation of
asset management services. This book explores that interface in
order to seek a better understanding of the legal regulation of the
entrustment of wealth. Within the methodology of the Common Core of
European Private Law, the book sets out cases on the establishment
and termination of management relationships, obligations of loyalty
and of professionalism, and the choice of law. More specialized
cases address collective investment, collective secured lending,
pension funds, and securitisation. Reports on these cases from
fifteen jurisdictions of the European Union tackle fundamental
problems of trust law and show which legal techniques are deployed
to solve them across Europe. In addition to a much-needed
comparative treatment of the subject, the book discusses the
scholarly setting for the issues and gives guidance on the
terminology in the evolving European scene.
Swathes of the human world are covered in ornamental grass lawns;
they are the single most commonly encountered horticultural feature
on the planet. Unfortunately, they are now often viewed as
resource-draining green deserts due to the lack of plant and animal
diversity, the need for frequent mowing and watering, and addition
of lawn greening products to keep them looking at their best. It is
a venerable horticultural feature that is essentially frozen in
time, and with few alternatives to whet the appetite, the lawn has
languished in its current grass-only format for decades. Until now.
Tapestry lawns are a new, practically researched and timely
development of the ornamental lawn format that integrates both
horticultural practice and ecological science and re-determines the
potential of a lawn. Mown barely a handful of times a year and with
no need for fertilisers or scarifying, tapestry lawns are
substantially richer in their diversity of plant and animal life
compared to traditional grass-only lawns and see the return of
flowers and colour to a format from which they are usually
purposefully excluded. Tapestry Lawns: Freed from Grass and Full of
Flowers traces the changes in the lawn format from its origins to
the modern day and offers information on how and why the tapestry
lawn construct is now achievable. It provides guidance on how to
create and maintain a tapestry lawn of your own and champions the
potential benefits for wildlife that can follow. Features
Accessible and informative to all types of readers from academic to
amateur Includes a refined and tested set of useful tapestry lawn
plants Contains step-by-step instructions for creation and
management methods of grass-free lawns Illustrated in full colour
If you have ever thought about mowing your lawn much less, making
it much more colourful and wildlife friendly, then this book will
inform and guide you to create a perfect, grass-free lawn.
Despite the common belief that they are found only in the common
law tradition, trusts have long been known in mixed jurisdictions
even where they have a civilian law of property. Trusts have now
been introduced by legislation in a number of civilian
jurisdictions, such as France and China. Other recent developments
include the reception of foreign trusts through private
international law in Italy and Switzerland and the inclusion of a
chapter on trusts in Europe's Draft Common Frame of Reference. As a
result, there is a growing interest in the ways in which the trust
can be accommodated in civil law systems. This collection explores
this question, as well as general issues such as the juridical
nature of the trust, the role and qualifications of the trustee and
particular developments in specific jurisdictions.
The Law of Loyalty is a study of the principles governing the use
of legal powers that are held for other-regarding ends. It
addresses both public law and private law, and examines both the
common law and the civil law. It aims to provide a theory of how
Western law regulates the situations in which we hold legal powers,
not for ourselves, but for and on behalf of others. It does this by
elucidating the justificatory principles that are attracted in
those situations. These principles include that other-regarding
powers can only properly be used for the purposes for which they
were granted; that they should not be used when the holder is in a
conflict of self-interest and duty, or a conflict of duty and duty;
and that the holder is presumptively accountable for any profits
extracted from the other-regarding role. These principles stand
behind the detailed legal rules that govern these relationships in
multiple legal systems and in multiple public and private settings.
In private law this includes the powers of trustees, corporate
directors, agents and mandataries; in public law it includes all
powers held for public purposes, whether they be held by the Prime
Minister, by a police officer, or by a judge.
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