En savoir plus
Zusatztext outstanding monography ... it is a masterpiece which proves that traditional common law scholarship is not only alive and well, but moreover, is extremely useful to students, academics and practitioners ... The book is much more than the exposition of jurisprudence pertaining to the subject matter. Rather, the author goes much beyond providing a detailed and accurate description of case law. The principal strength of the work is the critical and thorough analysis of case law against underlying general principles that this case law has purported but often failed to implement ... The book is well researched and ably presented ... this is an excellent book. It is a first class piece of doctrinal scholarship ... The book is of great use to the student, practitioner, and academic. Klappentext The law of tracing is a complex subject which is often neglected in works on property, equity, commercial law, and restitution. Broadly speaking, it addresses the question of when rights held in an asset can be asserted in another asset despite changes in form or attempts to "launder" the initial asset. This book explores all the areas covered by the law of tracing in a degree of detail not previously reached in more general works. Zusammenfassung The law of tracing addresses the question of when rights held in an asset can be asserted in another asset despite changes in form or attempts to "launder" the intitial asset. This book explores all the areas covered by the law of tracing in detail. Inhaltsverzeichnis Chapter 1 I: Introduction II: Following, Tracing and Claiming III: Motives for Tracing IV: Swollen Assets: Claiming Without Tracing V: Terminology Chapter 2 I: Introduction II: Following Into Mixtures III: The End of Following Through The Destruction of the Subject Matter Chapter 3 I: What Do we Trace? II: Prerequisites to the Exercise of Tracing III: Follow or Trace? Chapter 4 I: Characteristics of Clean Substitutions II: The Role of Intention III: Some Specific Cases IV: Quantifying The Traced Value in a New Form Chapter 5: TRACING RULES II MIXED SUBSTITUTIONS I: General Principles II: Mixed Substitutions and Physical Mixtures: Solutions by Analogy III: Tracing Into and Out of Bank Accounts IV: Tracing Into and Out of Other Mixtures of Indistinguishable Intangible Assets V: Tracing into Insurance Proceeds VI: Set-off VII: Services and Physical Alterations Chapter 6: TRACING RULES III SPECIAL PROBLEMS I: Tracing in Transit II: Proving Substitutions III: Foreign Elements Chapter 7 Conclusion ...