Description : This text provides a concise and analytical overview of the English law of trusts, drawing out especially this area's underlying concerns and suggesting ways in which the rules can be explained and evaluated.
Description : Since the publication of the first edition of this book in 2005, the world of financial investment has experienced an unprecedented boom followed by a spectacular bust. Significant changes have been proposed and in some cases implemented in areas such as the structure of regulation, the organisation of markets, supervision of market participants and the protection of consumers. The second edition takes account of these developments, integrating them into an analytical framework that enables the reader to develop a critical overview of the role of general legal rules and specialised systems of regulation in financial investment. The framework focuses on the role of contract, trusts and regulation as the primary legal influences for financial investment. The first part explores the relationship between investment, law and regulation. The second part examines the nature of investments and investors, both professional and private. The third part discusses the central role of corporate finance and corporate governance in linking investors with enterprises that require external capital. The fourth part examines the nature, operation and regulation of markets and the participants that support the functioning of the markets. The objective remains to provide a broadly-based and critical account of the role of law in financial investment. "MacNeil's eloquent and informative distillation of the regulatory fundamentals of investment law gives his book much international relevance...a timely contribution to help readers decipher the seemingly inextricable maze of financial regulation...Practitioners and legal policy advisers will..welcome it. They should find enlightening the book's careful scrutiny of the trust and contractual foundations of investment law and practice." Benjamin J Richardson Journal of International Banking Law and Regulation, Vol 22 Issue 1, 2007 ...a fascinating and informative book...thoroughly recommended as a learned but at the same time very readable introduction to the law of financial investment Gerard McCormack Banking and Finance Law Review, Volume 21 No 2, June 2006 ...very informative tool that introduces in a very friendly and accessible manner the nearly inextricable world of financial investment laws. Fadi Moghaizel International Company and Commercial Law Review, Vol. 17 No 2, February 2006
Description : This title is part of an established Series which introduces various legal systems of the world. It provides an authoritative and accessible overview of the main branches of South African public, private and commercial law. Offering insight into the rich system of South African law, this title will be of particular interest to the international legal community. The South African legal system has not only developed fascinating mixtures of civil law and common law rules over more than a century, but has also experienced a post-apartheid South Africa. Of particular interest is the way in which so many branches of law have been infused by basic constitutional values. Many of the contributors have published work in their own fields and have considerable experience of presenting their subject matter in a broader comparative perspective. The succinct and balanced nature of the contributions makes this title attractive to a wide audience of academics, students and practitioners with an interest in this remarkable legal system.
Description : The rules of land law are numerous, complex, and in some cases baffling to students. The study of land law is also often portrayed as dull. Too frequently those who find success in working out how the law operates in other areas find themselves defeated by land law. Even the great jurist Blackstone, while maintaining that 'there is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property', also concluded that the study of land law 'afforded the student less amusement and pleasure in the pursuit' than the study of crime and tort. This book tries to help with that problem. It aims to tell the rules' story: to talk about them in terms of the work they do, in a way that will allow readers to understand and engage with them. And through the example it offers, it aims also to give students the confidence, spur and tools to go on to develop such perspectives for themselves. The book covers the main points of land law found in the syllabuses of law schools in England and Wales. While it is not intended as a comprehensive textbook on the topic, it offers sufficient detail for anyone reading it to gain an overview of the subject, and for those seeking more the footnotes offer plenty of pointers. As well as bringing the coverage up to date, this new edition adds chapters about two especially challenging aspects of the subject: the human rights dimension, and the nature of 'ownership'. As one reader of the first edition commented, 'it shone light where none had shone before, and lit a clear path to understanding'. 'Well written and clear. A great introduction.' Mika Oldham, Jesus College, Cambridge 'An excellent introduction. Many students will no doubt buy it.' Matthew Conaglen, Trinity Hall, Cambridge 'A very clear and interesting way into a complex subject.' David Gregory, Kingston University
Description : This new edition of a landmark study of the law of restitution has been substantially revised and updated. Concentrating on structural principles rather than detailed rules, the book is an invaluable guide to this difficult area of law.
Description : "This fifth edition retains its hallmark combination of a contextualised approach and a commercial focus. Recent developments, such as the Charities Act, are explored, the examination of the law of trusts and taxation is restructured and comparative examples help students understand the directions taken in the law of equity. Trusts Law brings a modern perspective to a subject often perceived as traditional,with suggestions for further reading guiding the student to contemporary debates"--Provided by publisher.
Description : This is the first attempt to deal with trusts on a comparative law basis. The book examines more than thirty countries, and submits a unified theory of trusts. The effects of the Hague Convention of 1985 are discussed, as well as its implementation in ratifying civil law countries, where it is now possible to form trusts under a foreign law. Academics will find this book a novel approach to the English-model trust, and practitioners will find it gives a wealth of information on foreign legal systems.
Description : This edition deals with the the Charities Act 1992 and 1993 and includes over 100 new cases. Additional topics covered include pension funds, restitution and acquisition by killing.
Description : The English law of obligations has developed over most of the last millennium without any major discontinuity. Through this period each generation has built on the law of its predecessors, manipulating it so as to avoid its more inconvenient consequences and adapting it piecemeal to social andeconomic changes. Sometimes fragments borrowed from other jurisdictions have been incorporated into the fabric of English law; from time to time ideas developed elsewhere have, at least temporarily, imposed a measure of structure on a common law otherwise messy and inherently resistant to any stableordering.In this book David Ibbetson exposes the historical layers beneath the modern rules and principles of contract, tort, and unjust enrichment. Small-scale changes caused by lawyers successfully exploiting procedural advantages in their clients' interest are juxtaposed alongside changes caused byfriction along the boundaries of these principal legal categories; fossilized remnants of old doctrines jostle with newer ideas in a state of half-consistent tension; loose-knit rules of equity developed in the Chancery infiltrate themselves into more tightly controlled Common law structures. Theresult is a system shot through with inconsistencies and illogicalities, but with the resilience to adapt as necessary to take account of shifting pressures and changing circumstances.
Description : This well-respected textbook, offering a traditional approach to equity and trusts, has been a trusted resource for academics and students for nearly 50 years. It gives an exceptionally in-depth and thorough account of equity and trusts law, providing everything the student needs to understand the issues.