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The Law Market

Larry E. Ribstein and Erin O'Hara

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.001.0001
Subject:
Political Science, American Politics

Cheaper transportation, faster communication, and lowered trade barriers have made people, firms, and their assets much more mobile. This increasing mobility has strained traditional notions that ... More


Value, Property, and Unjust Enrichment: Trusts of Traceable Proceeds

James Penner

in Philosophical Foundations of the Law of Unjust Enrichment

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199567751
eISBN:
9780191705267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199567751.003.0011
Subject:
Law, Law of Obligations, Philosophy of Law

This chapter begins with an analysis of the concept of value, and claims that it is incoherent to say that to own property is to own the value of it, for value is realised by the actions of the ... More


US Antitrust Law: Model and Lens

David J. Gerber

in Global Competition: Law, Markets, and Globalization

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199228225
eISBN:
9780191711350
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228225.003.0005
Subject:
Law, Competition Law

This chapter explores US anti-trust law experience and its influence on thought, expectations, and interpretations of competition law around the world. US anti-trust law has been at the center of ... More


Conclusion: The Relationship Between Property and Trusts

M. W. Lau

in The Economic Structure of Trusts: Towards a Property-based Approach

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199602407
eISBN:
9780191725203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199602407.003.0011
Subject:
Law, Trusts

This final chapter asks: If the purpose of trusts is to extend the function of property, what then is the function of property in trusts? The short and simple answer is that property enables trusts ... More


PROPERTY: GENERAL PRINCIPLES

William Swadling

in English Private Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199661770
eISBN:
9780191778612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661770.003.0004
Subject:
Law, Law of Obligations, Company and Commercial Law

The law of property is concerned with certain types of rights between persons with respect to things, those things being either land or goods, and those rights being proprietary rather than personal. ... More


Trusts

George Gretton

in A History of Private Law in Scotland

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198267782
eISBN:
9780191683374
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267782.003.0012
Subject:
Law, Constitutional and Administrative Law, Legal History

One of the central questions in any attempt to study the history of trust must be the extent of English influence. It is a question of considerable difficulty, which is discussed in this chapter. The ... More


Religious Giving Outside the Law in New Delhi

Erica Bornstein

in Sacred Aid: Faith and Humanitarianism

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199916023
eISBN:
9780199950447
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199916023.003.0006
Subject:
Political Science, International Relations and Politics

This chapter explains how and why religious charity and secular humanitarianism have been legally separated into two distinctive fields in India. It first describes the nature and extent of religious ... More


Conclusion

Robert Chambers

in Resulting Trusts

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198764441
eISBN:
9780191695254
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764441.003.0011
Subject:
Law, Law of Obligations

This chapter begins with a brief summary of the discussions presented in the previous chapters. It then discusses the three areas affected by the understanding of the resulting trust put forward in ... More


Trust and Patrimony

Lionel D Smith

in Trusts and Patrimonies

Published in print:
2015
Published Online:
September 2017
ISBN:
9780748697748
eISBN:
9781474412308
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748697748.003.0003
Subject:
Law, Comparative Law

This chapter examines whether the common law trust can be understood as a patrimony in the civilian sense. It begins with a discussion of Pierre Lepaulle's claim that the common law trust is a ... More


Trusts and Patrimonies

Remus Valsan (ed.)

Published in print:
2015
Published Online:
September 2017
ISBN:
9780748697748
eISBN:
9781474412308
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748697748.001.0001
Subject:
Law, Comparative Law

This book explores how the private law concepts of trust and patrimony interact in various jurisdictions, with a view to advancing the understanding of the trust as a fundamental legal concept. It ... More


Patrimony not Equity: The Trust in Scotland

Kenneth G C Reid

in Trusts and Patrimonies

Published in print:
2015
Published Online:
September 2017
ISBN:
9780748697748
eISBN:
9781474412308
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748697748.003.0006
Subject:
Law, Comparative Law

This chapter examines the importance of patrimony as an organising principle of trust in the absence of equity. The law of property in Scotland and other mixed jurisdictions is always civilian; like ... More


Lepaulle Appropriated

Alexandra Popovici and Lionel D Smith

in Trusts and Patrimonies

Published in print:
2015
Published Online:
September 2017
ISBN:
9780748697748
eISBN:
9781474412308
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748697748.003.0002
Subject:
Law, Comparative Law

This chapter discusses the English translation of the first chapter of Pierre Lepaulle's 1932 book Traité théorique et pratique des trusts en droit interne, en droit fiscal et en droit international ... More


Square Peg, Round Hole? Patrimony and the Common Law Trust

Paul Matthews

in Trusts and Patrimonies

Published in print:
2015
Published Online:
September 2017
ISBN:
9780748697748
eISBN:
9781474412308
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748697748.003.0004
Subject:
Law, Comparative Law

This chapter examines the relation between the doctrine of patrimony and the common law trust. Patrimony derives from the notion of personality. The doctrine reached its full flowering with the ... More


The trust concept

Lord Denning

in The Due Process of Law

Published in print:
1980
Published Online:
March 2012
ISBN:
9780406176080
eISBN:
9780191705113
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780406176080.003.0036
Subject:
Law, Constitutional and Administrative Law

Pettitt v Pettitt was followed the next year by another case which reached the Lords — Gissing v Gissinl. In the Court of Appeal, the author had applied the wide principle. He ... More


Firewall Legislation

Paolo Panico

in International Trust Laws

Published in print:
2017
Published Online:
March 2021
ISBN:
9780198754220
eISBN:
9780191927652
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198754220.003.0012
Subject:
Law, Trusts

The ‘forced heirship’ rules existing in most civil law jurisdictions constrain a testator’s ability to dispose of his property according to his wishes. These rules usually confer a statutory ... More


The Modern Liberal Regulatory Agenda

N. Scott Arnold

in Imposing Values: Liberalism and Regulation

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195374964
eISBN:
9780199871490
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374964.003.0004
Subject:
Philosophy, Political Philosophy

This chapter identifies what is called “the modern liberal regulatory agenda,” which consists of the various regulatory regimes that modern liberals favor and classical liberals oppose. The first ... More


The Use of Trusts in Business Structures

Andreas Televantos

in Capitalism Before Corporations: The morality of business associations and the roots of commercial equity and law

Published in print:
2020
Published Online:
January 2021
ISBN:
9780198870340
eISBN:
9780191913136
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198870340.003.0003
Subject:
Law, Legal History

This chapter examines the ways in which trusts could be used by stock traders to stabilise business structures and emulate some of the benefits of incorporation, and even limited liability in the ... More


Equity Is Not a Single Thing

Lionel Smith

in Philosophical Foundations of the Law of Equity

Published in print:
2020
Published Online:
June 2020
ISBN:
9780198817659
eISBN:
9780191859151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198817659.003.0008
Subject:
Law, Philosophy of Law

In this chapter, I ask whether it is possible to identify the philosophical foundations of Equity as it was defined by Frederic Maitland: the body of rules and principles that were developed over the ... More


Making More Space: Reforms from 1990 to 2010

Karla W. Simon

in Civil Society in China: The Legal Framework from Ancient Times to the "New Reform Era"

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199765898
eISBN:
9780199332540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199765898.003.0010
Subject:
Law, Legal History

This chapter analyzes the “new” set of regulations, beginning with the 1998 regulations on social organizations and the noncommercial institutions (min ban fei qiye danwei), and then moving to the ... More


Trusts and the Risk of Bankruptcy

Andreas Televantos

in Capitalism Before Corporations: The morality of business associations and the roots of commercial equity and law

Published in print:
2020
Published Online:
January 2021
ISBN:
9780198870340
eISBN:
9780191913136
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198870340.003.0007
Subject:
Law, Legal History

This chapter shows how commercial parties could use trusts to control the effects of bankruptcy and evade the doctrine of reputed ownership. Trusts facilitated by improving traders' capacity to ... More


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