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Legal and Equitable Property Rights

Legal and Equitable Property Rights

By John Tarrant

CONTENTS

This book provides a precise understanding of legal and equitable property. John Tarrant sets out a unifying theory of legal and equitable property rights and shows how property rights fit within private law.

The book:

  • examines the case law concerned with property rights to identify what concept of property has been adopted by the courts;
  • outlines what things can be the legitimate subject of property rights by looking at the case law, and statute;
  • demonstrates that our legal system has adopted a thinghood approach to property, and the courts and the legislature determine what things can be the object of property rights;
  • explains the different characteristics of property rights, and how they correlate with duties of non-interference and obligations, and how some private law property rights also have a public law aspect.

Tarrant shows how legal and equitable property rights fit within private law by demonstrating that private law only has two purposes: first, to protect personal integrity; and second, to protect private property (our things) through the availability of a range of private law remedies. In simple terms, private law provides remedies for people and for their tangible and intangible things in interactions with other legal persons.


CONTENTS

Foreword
Preface
Table of Cases
Table of Statutes

Chapter 1 – The Property Puzzle

Chapter 2 – Property as Rights to Things

Chapter 3 – Legal Property Rights with Different Characteristics

Chapter 4 – Legal Property Rights and their Place in Private Law

Chapter 5 – Equitable Property Rights and their Place in Private Law

Chapter 6 – Legal Ownership and Equitable Ownership

Chapter 7 – Utilising Two Levels of Property Rights

Index

   

Publishing 26 April 2019
Publisher The Federation Press
Hardback/176pp
ISBN 9781760022044
Australian RRP $130.00
International Price $120.00
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Not yet published


Law - Property Law
Law - Remedies


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