Proprietary Rights and Insolvency

Erscheinungsjahr 2010
ISBN: 978-0-19-922858-4
Verlag: Oxford University Press

Buch, Englisch, 474 Seiten, Format (B × H): 174 mm x 253 mm, Gewicht: 968 g

This topical title explains the circumstances in which a creditor of an insolvent debtor can take priority over other creditors by claiming a proprietary interest in assets held by the debtor. It focuses on the situation where the proprietary interests are created by operation of law or implied from the arrangements between the parties, rather than by express transfer or taking of security.

The book clarifies the current state of the law in an important area of insolvency law (especially in times of economic crisis) where the law is not settled, taking into account the latest developments in case law, and suggesting how it might be simplified by going back to first principles, such as the way proprietary interests are transferred at common law and in equity.

The book concerns both insolvency law and property law, being essentially concerned with the limits of the law of property, marking out its boundary with the law of obligations. It is of particular importance in common law systems because of the nature of equitable proprietary interests, and includes reference to Commonwealth authorities where relevant, including Australia, New Zealand and Canada.

This work provides a structured and principled analysis of the topical and important area of creditors' proprietary rights in the event of insolvency of a debtor.

Zielgruppe

Practitioners, academics and students of insolvency law, property law, restitution and commercial law generally; reference libraries in the UK and worldwide.

Autoren/Hrsg.

Calnan, Richard

Fachgebiete

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

Inhaltsverzeichnis

Part I: Introduction
1: Pari Passu Sharing
2: The Nature of Proprietary Interests
Part II: Retaining or recovering a proprietary interest
3: Retaining a Proprietary Interest by Agreement
4: Retaining or Recovering a Proprietary Interest by Operation of Law
Part III: Obtaining a Proprietary Interest by Agreement
5: Obtaining a Proprietary Interest by Express Agreement
6: Obtaining a Proprietary Interest by Implied/Presumed Agreement
Part IV: Obtaining a Proprietary Interest in a Substitute Asset by Operation of Law
7: Tracing at Law
8: Tracing at Equity
Part V: Obtaining a Proprietary Interest in an Unconnected Asset by Operation of Law
9: Obtaining a Proprietary Interest in an Unconnected Asset by Operation of Law
Part VI: Conclusion
10: Conclusion

Über Autor(innen)

Richard Calnan, Partner at Norton Rose LLP and Visiting Professor at University College London and the University of Nottingham.