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It has become an orthodoxy in some quarters that fiduciary duties are only proscriptive, forbidding certain actions, and never prescriptive, requiring positive action. I argue that this is a misunderstanding. The argument begins by attempting to explain how this orthodoxy arose, and then by...
Persistent link: https://www.econbiz.de/10012849654
Over the last several decades there has been a proliferation of property-type rights created by statute, particularly … classifying them as a new category of "statutory property". However, this article suggests that we should recognise that these … types of rights are private property. This argument is based on the premise that private property serves a variety of social …
Persistent link: https://www.econbiz.de/10012907371
This article explains the concepts applying to property transfer on death under the New Zealand Property (Relationships …
Persistent link: https://www.econbiz.de/10012889292
with the death provisions of the Property (Relationships) Act 1976 (PRA). The author analyses the decision in detail, and …
Persistent link: https://www.econbiz.de/10012889294
question this paper addresses is whether the interests of children should be taken into account in the division of property … during the joint lives of the parties. The paper begins with a brief historical overview of property consequences on divorce … property division in the current law of England and Wales, and Australia, before providing a more detailed analysis of the …
Persistent link: https://www.econbiz.de/10012890313
Indigenous governments in Canada are increasingly authorized to adopt laws that convert communally held lands to individual fee simple. They will convert title to fee simple in order to obtain the economic benefits commonly associated with private ownership and its securitization. However,...
Persistent link: https://www.econbiz.de/10013045103
This Chapter, forthcoming in The Routledge Handbook on Property, Law and Society, the maps the intertwinement, mutual … construction, and dependence of “property” and “race” with each other. The discussion examines three dimensions of property which … demonstrate the socio-cultural, material, and legal-political influences of property and race on each other, and several …
Persistent link: https://www.econbiz.de/10013292388
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 … property institutions and individuals, is theoretically more accommodating of cultural analysis but has done very little of it …
Persistent link: https://www.econbiz.de/10014127205
series of legal risks. These include the possibility that the trust property is held on resulting trust from the moment of … the trust's constitution and the possibility that the beneficiaries can collapse the trust and take the trust property …
Persistent link: https://www.econbiz.de/10012902156
Trusts emerge regularly in relationship property disputes and they are generally well understood to take priority … whenever there is a competition between the trust and a claim that the trust property otherwise falls within the pool of … relationship assets available for division. Nevertheless, there appears to be some confusion over the boundaries of the Property …
Persistent link: https://www.econbiz.de/10012890030