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Proprietary Claims and Remedies - Malcolm Cope

Proprietary Claims and Remedies

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Professor Cope, author of Australia's leading work on constructive trusts, turns his attention to a major problem area for practitioners working in fields of bankruptcy and insolvency - the nature of equitable proprietary claims, the range of such remedies and the rules and presumptions developed for tracing. The first half of his new book is devoted to analysis of these issues, highlighting the effect of claims and the prerequisites for their successful establishment, particularly as regards pre-existing interests and a fiduciary relationship. The second half of the book is devoted to tracing and tracing problems at both common law and equity, particularly the equitable rules and presumptions developed to identify the subject matter of a remedy and to identify value in unmixed and mixed property.

Introduction

Proprietary Claims and Remedies The context of bankruptcy and insolvency A proprietary interest as a pre-requisite for a proprietary claim The establishment of an equitable proprietary base A fiduciary relationship as a pre-requisite for an equitable proprietary claim The priority of equitable proprietary claims The equitable proprietary remedies and defences to equitable proprietary claims

Proprietary Claims and Tracing: The Identification of Value in Substitutions Tracing as an exercise in the identification of value in substitutes Tracing and the identification of value in substitutions at common law Tracing and the identification of value in substitutions in equity Tracing and the identification of value in unmixed and mixed property Tracing, the innocent volunteer and the identification of value in mixed property

Conclusion Table of Cases/ Table of Statutes/ Bibliography/ Index

ISBN: 9781862872530
ISBN-10: 1862872538
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 232
Published: June 1997
Country of Publication: AU
Dimensions (cm): 23.0 x 14.000