Proprietary Interests in Commercial Transactions

Hardcover | April 30, 1999

bySarah Worthington

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One of the most pressing problems now facing commercial lawyers is to explain the principles which determine when a remedy is proprietary and when it is not. This book provides a broad overview of the subject. It examines representative business transactions which commonly give rise to legalor equitable interests in personal property. Its aim is to distil the fundamental principles understanding the relevant legal analyses. The result is to provide a more theoretically rigorous analytical framework for proprietary interests in personal property. The practical advantages of this arepotentially twofold: new commercial transactions can be more effectively structured; in addtion, disputes between contracting parties can be more reliably resolved. Two features of the analysis are significant. The first is the elastic nature of proprietary interests in personal property. Althoughproprietary interests can be broadly classified as ownership or security interests, these are relative concepts which may be affected significantly by impinging contractual arrangements. The second feature is the necessary and intimate integration of law and equity. Equitable proprietary interestsare remarkabldy prevalent; this prevalence is directly related to the apparent ease with which equity is able to convert particular personal obligations into proprietary interests.

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From the Publisher

One of the most pressing problems now facing commercial lawyers is to explain the principles which determine when a remedy is proprietary and when it is not. This book provides a broad overview of the subject. It examines representative business transactions which commonly give rise to legalor equitable interests in personal property. ...

From the Jacket

This book provides an analysis and overview of personal property in a commercial context. Two features of the analysis are significant. The first is the unavoidable integration of contract and property law. Although proprietary interests may be broadly classified as ownership or security interests, these are relative concepts which are...

Sarah Worthington is a Senior Lecturer in Law at London School of Economics and Political Science.

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Format:HardcoverDimensions:318 pages, 9.21 × 6.14 × 0.83 inPublished:April 30, 1999Publisher:Oxford University Press

The following ISBNs are associated with this title:

ISBN - 10:0198262752

ISBN - 13:9780198262756

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'The exposition of case law is deftly handled...Dr Worthington gives concise accounts of competing interpretations and draws them together at the end of each relevant section to demonstrate a certain coherence between topics..the work can be recommended as an introductory text...the work is agreat source-book since it is comprehensively footnoted...Dr Worthington's project...is vital in such a complex area as personal property law...'Proprietary Interests in Commercial Transactions' should be examined by anyone wishing to know more about this area of the law: it is accessible, thoroughand thought-provoking.'