PROPRIETARY INTERESTS IN COMMERCIAL TRANSACTIONS by Sarah Worthington ( 9780198262756 )

Item Details

Title:

PROPRIETARY INTERESTS IN COMMERCIAL TRANSACTIONS

By:

Sarah Worthington

Format:

Hardback

List price:

£187.50

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£164.06

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£23.44

ISBN 10:

0198262752

ISBN 13:

9780198262756

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Publisher:

OXFORD UNIVERSITY PRESS

Pub. date:

16 January, 1997

Pages:

318

Description:

This book provides a broad overview of personal property law in a commercial context. It examines the various devices used by contracting parties and attempts to distil a theoretical rigorous analytical framework to describe the relevant laws. The type of analysis presented in the work is important both in the resolution of disputes between parties and in the creation of new and more effective commercial devices. Two features of the analysis are significant. Thefirst is the elastic nature of proprietary interests in personal property: proprietary interests may still be broadly classified as ownership or security interests, but these are relative concepts subject impinging contractual arrangements. The second is the necessary and intimate integration of law andequity: equitable proprietary interests are surprisingly prevalent; this prevalence is directly related to the ease with which equity is able to convert personal obligations in proprietary interests. This is a new and important work in an area of immense commercial importance.

Synopsis:

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.

Publication:

Imprint:

Clarendon Press

Returns:

Returnable

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COMMERCIAL LAW AND COMMERCIAL PRACTICE

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