In this chapter, prepared for The Oxford Handbook of New Private Law, we identify the principal ways in which the common law trust has been used as an instrument of private ordering in American practice. We argue that in both law and function, contemporary American trust law has divided into...

This chapter explores fiduciary duties in India by examining both those arising from the standard fiduciary situations – agencies, corporation and trusts – as well as those that arise from situations that are fairly unique to India, such as the Hindu Undivided Family (HUF). The HUF is both...

This is the introduction to The Exchange Order: Property and Liability as an Economic System, New York: Oxford University Press, 2017. It briefly describes the exchange order, the comprehensive social system comprising explicit markets, tort liability and criminal liability. These institutions...

Following concerns that the art market is being used to launder criminal money and fund terrorist activities, measures have recently been introduced to subject the market to the anti-money laundering (AML) regime – such as the EU 5th Money Laundering Directive (2018) and the US Illicit Art and...

For over three decades, money laundering has been an area of concern for policymakers and law enforcement, with significant efforts undertaken at national and international levels to combat it. Recently, laundering of criminal proceeds using real property has attracted increased attention...

Market interactions are brought about by the interplay of entitlements and obligations. Entitlements are rights, as perceived by the individuals. They are subjectively perceived rights that go along with a motivational disposition to defend them. Obligations are the counterparts of entitlements....

Market interactions are brought about by the interplay of entitlements and obligations. Entitlements are rights, as perceived by the individuals. They are subjectively perceived rights that go along with a motivational disposition to defend them. Obligations are the counterparts of entitlements....

A large amount of money is spent globally in the litigation process. A significant chunk of litigations can actually be prevented from even arising if the policies, contracts and laws can be fully objectivised. Presently, the interpretation of law, contracts, policies etc. lead to a lot of...

The study examines aspects of how deprivation of a civil right forms when such rights can determine a possible decrease in quality of life. Authors explore this problem in accordance with provisions of the civil legislation and form practical means for application of the right deprivation...