The Principles of Personal Property Law
Hart Publishing (Verlag)
978-1-84113-316-4 (ISBN)
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The law of personal property covers a very wide spectrum of scenarios and has had little detailed scrutiny of its overarching structure over the years. This is a shame. It is a system and can best be understood as a system. Indeed without understanding it as a system, it becomes much more difficult to understand. This new textbook is intended to provide a comprehensive and yet detailed coverage of the law of personal property in England and Wales. It includes transfer of legal title to chattels, the nemo dat rule, negotiable instruments and assignment of choses in action. It also looks at defective transfers of property and the resulting proprietary claims, including those contingent on tracing, the tort of conversion, bailment and security interests. By bringing together areas often scattered throughout company law, commercial law, trusts and tort textbooks, it enables readers to see common themes and issues and to make otherwise impossible generalisations across different contexts about the nature of the concepts English law applies. Throughout the book, concepts are explained rigorously, with reference to how they are used in commercial practice and everyday life.
The book will be of use to students on undergraduate commercial law courses, or related LLM courses, as well as those on integrated property law courses, and particularly specialised personal property modules. It will also be useful to academics and practitioners working in the area.
Duncan Sheehan is Professor of Law at the University of East Anglia.
1 The Basic Concepts of Personal Property Law
I Introduction
II What is a Property Right?
III Subdividing Personal Property: Different Types of Asset
IV Ownership, Possession and Legal Title
V Equitable Title under a Trust
VI Original Modes of Acquisition
VII Conclusion
2 Transfer of Legal Title to Choses in Possession I
I Introduction
II Passage of Property under Sale of Goods Act 1979
III Deed
IV Delivery
V Conclusion
3 Transfer of Legal Title to Choses in Possession II: The Nemo Dat Rule
I Introduction
II Exceptions to Nemo Dat
III Overreaching
IV Conclusion
4 Assignment of Legal Choses in Action
I Introduction
II Statutory (Legal) Assignment
III Equitable Assignment
IV Rules Common to both Equitable and Statutory Assignment
V Non-Assignable Choses in Action
VI Conclusion
5 Transfer or Disposition of Subsisting Equitable Interests
I Introduction
II Five Scenarios: When is Writing Required?
III Surrender vs Disclaimer
IV Priorities
V Conclusion
6 Negotiation and Negotiable Instruments
I Introduction
II What is a Negotiable Instrument?
III Transfer and Operation of Bills of Exchange
IV Negotiation of Bills of Lading
V Commercial Uses of Bills of Exchange
VI Conclusion
7 Defective Transfers and Payments
I Introduction
II Void Transfers
III Resulting Trusts
IV Voidable Transfers
V Conclusion
8 Protection of Legal Title via Tort Law
I Introduction
II Conversion
III Trespass to Goods
IV Replevin and Reversionary Injury
V Conclusion
9 Protection of Equitable Title: Remedies for Misdirected Property
I Introduction
II Tracing
III The Basis for Proprietary Claims Contingent on Tracing
IV Subrogation
V Personal Claims
VI Conclusion
10 Bailment and Attornment
I Introduction
II What is Bailment?
III Attornment
IV Commercial Uses of Bailment
V Is Bailment Necessary?
VI Conclusion
11 Security Interests and Quasi-Security
I Introduction
II Credit and the Function of Security and Quasi-security
III The Types of Security Interest
IV The General Rules
V Reform
VI Quasi-security and the Relation with Security Interests
VII Conclusion
12 Pledges and Liens
I Introduction
II Pledges
III Liens
IV Conclusion
13 Non-possessory Security Interests I: Mortgages and Bills of Sale
I Introduction
II What is a Mortgage?
III Enforcement
IV Conclusion
14 Non-possessory Security Interests II: Charges
I Introduction
II Floating and Fixed Charges
III The Nature of the Floating Charge
V Remedies of the Chargee on Default
VI Reform
VII Conclusion
15 Concluding Observations
| Verlagsort | Oxford |
|---|---|
| Sprache | englisch |
| Maße | 171 x 244 mm |
| Gewicht | 754 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Sachenrecht | |
| ISBN-10 | 1-84113-316-7 / 1841133167 |
| ISBN-13 | 978-1-84113-316-4 / 9781841133164 |
| Zustand | Neuware |
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