Contemporary Perspectives on Property, Equity and Trust Law

Erscheinungsjahr 2007
ISBN: 978-0-19-921984-1
Verlag: Oxford University Press

Buch, Englisch, 248 Seiten, Print PDF, Format (B × H): 160 mm x 240 mm, Gewicht: 500 g

This work counters the common perception that equity and trusts is a static area of law. The essays, written by leading academics and well established practitioners of the field, demonstrate both that the area is vibrant with new legislation and case law and show the value of reconsidering familiar topics in the light of new developments.

The scope of the book is wide ranging, covering equity, trusts and property and is divided into two main sections: the law of real property, and the law of equity and trusts. In Part One, a variety of topics surrounding the law of real property are discussed: from unconscionability, and the protection of third party interests, to property, marriage and ownership, and the impact of equality law on landlord and tenant regulations. Part Two focuses on the regulation of trusts and trustees and the impact of new legislation on charities such as hospitals and schools.

Autoren/Hrsg.

Dixon, Martin

Griffiths, Gerwyn Ll H

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)
• Rechtswissenschaften Bürgerliches Recht Sachenrecht

Inhaltsverzeichnis

- Part One - The Law of Real Property

- 1: Nicholas Hopkins: How Should We Respond to Unconscionability? Unpacking the Relationship Between Conscience and the Constructive Trust

- 2: Martin Dixon: Protecting Third Party Interests Under The Land Registration Act 2002 - To Worry Or Not To Worry: That Is The Question

- 3: Elizabeth Cooke: Community Of Property, Joint Ownership And The Family Home

- 4: Rebecca Probert: (Mis)interpreting The Trusts Of Land And Appointment Of Trustees Act 1996

- 5: Anna Lawson: Landlords, Disabled Tenants And The Rising Tide of Equality Law

- 6: Richard Castle: Put Options In Land: A Neglected Device?

- Part Two - Equity and the Law of Trusts

- 7: Gary Watt: Unconscionability in property law: a fairy-tale ending?

- 8: Thomas Glyn Watkin: Changing Concepts Of Ownership In English Law During The Nineteenth And Twentieth Centuries The Changing Idea of Beneficial Ownership under the English Trust

- 9: Alastair Hudson: The regulation of trustees

- 10: Peter Luxton: Public Benefit And Charities: The Impact Of The Charities Act 2006 On Independent Schools And Private Hospitals

- 11: Gerwyn Ll H Griffiths and Max Ganado: The Malta Trusts Project - The Genesis of a New Trusts Act in a Civil Law Jurisdiction

Über Autor(innen)

Martin Dixon, MA (Oxon); PhD (Cantab). Fellow in Law, Queens' College Cambridge. Visiting Professor of Law, City University, London. Editor of Ruoff & Roper, The Law of Registered Conveyancing and author of numerous books and articles on property law. Currently updating Megarry & Wade: The Law of Real Property. Case Editor, The Conveyancer and Property Lawyer.

Gerwyn Ll H Griffiths is Professor of Law at the University of Glamorgan and is a Visiting research fellow at the University of Cambridge. He is a member of the editorial board of The Conveyancer and Property Lawyer, and Member of the Lord Chancellor's Department Consultation Committee on Commonhold. He is the author of many articles and essays on property law, trusts and legal history.