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This chapter considers the landmark status of the House of Lords in Thorner v Major [2009] UKHL 18, understanding it as an example of story-telling in the law. The chapter explores the issues surrounding the equitable doctrine of proprietary estoppel, as it applies in particular in the context...
Persistent link: https://www.econbiz.de/10012826375
. This Article develops a “cultural” theory of how property institutions are created and demonstrates that such a theory is …Do “cultural factors” substantively influence the creation and evolution of property institutions? For the past several … property institutions as the outcome of self-interested and utilitarian bargaining, and therefore often question the analytical …
Persistent link: https://www.econbiz.de/10014127205
have more children and are more likely to become home owners. These results demonstrate the causal effect of property …This paper analyses the effect of extending equitable property division divorce laws to unmarried cohabiting couples in … relationshipspecific investments after being exposed to laws enabling the equitable redistribution of property in the event of relationship …
Persistent link: https://www.econbiz.de/10011974407
In one of the greatest extensions of property rights in human history, common law countries began giving rights to …
Persistent link: https://www.econbiz.de/10012908626
fringe categories of beneficiaries within the broader context of relationship theory …
Persistent link: https://www.econbiz.de/10014117153
To compete for trust assets following a change in the federal tax code, many states repealed or abrogated the Rule Against Perpetuities (RAP). By repealing the RAP, these states allow a settlor to create a trust that lasts forever: a “dynasty trust” or “perpetual trust.” In a thoughtful...
Persistent link: https://www.econbiz.de/10012958679
fiduciary law. Applying insights from optimal deterrence theory and agency costs theory, this Article provides a framework for …
Persistent link: https://www.econbiz.de/10014121858
This Article considers one aspect of the ongoing debate about the moral limits of markets—namely, the purported harmful effects of market transactions on particular relations, goods, services, or society at large, due to an inappropriate valuation. In other words, the argument is that some...
Persistent link: https://www.econbiz.de/10014080479
thousand flowers of thought bloom! The property rights advocates... well, as I will suggest in this essay, we end up with a … ridesharing services to operate without medallions, most often employing a regulatory takings theory. I argue that the approach … employed by these courts wrongly focus on the property interests involved, rather than where the real analytical question …
Persistent link: https://www.econbiz.de/10012953164
The results of 2012 clearly pointed to the fact that the classical set of problems specific to the Russian privatization – justification of the fair price for assets to be privatized, real motivation of the participants, determination of the criteria of selection of the buyer, ensuring of...
Persistent link: https://www.econbiz.de/10012974362