Understanding Transformative Proprietary Remedies in English Private - What is the Mere Equity?

This book provides a ground-breaking new conceptualisation and complete account of the ''Mere Equity'': it charts the development of ''transformative'' proprietary remedies in English Law. It sets out a conceptual framework by which to understand those transformative remedies that create equitable proprietary rights rooted in the concept of decisional-control. This allows the work to illustrate how power(s) to create an equitable interest are exercised by courts within a framework of doctrinal rules stipulating when, how, and to what end such power(s) may be exercised. This is a complex field of private law, in much need of clarification, and scholars of private law will welcome this work.>

List of contents

I. Introduction
II. The 'Mere Equity' as 'Inchoate' Equitable Property
III. The 'Mere Equity' as a Substantive Hohfeldian Power: The Power Analysis of Equitable Rescission
IV. Illustrating Judicial Control in 'Mere Equity' Doctrines Generally
V. The Concept of 'Remedy' in Private Law
VI. 'Transformative' Remedies and Judicial Power(s): Examining the 'Remedial' Architecture
VII. English Law's Vision of Constructive Trusts
VIII. Court-Ordered Trusts in English Law

About the author

Adam Reilly is Lecturer in Private Law at the University of Glasgow, UK.

Product details

• Authors: Adam Reilly
• Publisher: Hart Publishing
• Languages: English
• Product format: Hardback
• Released: 09.04.2026
• EAN: 9781509969869
• ISBN: 978-1-5099-6986-9
• No. of pages: 288
• Series: Hart Studies in Private Law
• Subjects: Social sciences, law, business > Law > International law, foreign law; England, LAW / Civil Law, Commonwealth of Nations, Private or civil law: general, The Commonwealth, Private / Civil law: general works, Equity; Private law