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The Law of Tracing

Smith, Lionel D.
ISBN-10: 0198260709
ISBN-13: 9780198260707

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The Law of Tracing addresses the question of when rights held in an asset can be asserted in another asset despite changes in form or attempts to 'launder' the initial asset. This area of study is composed of several distinct topics.The law of tracing is a complex subject which is often neglected in works on property, equity, commercial law, and restitution.
Broadly speaking, it addresses the question of when rights held in an asset can be asserted in another asset despite changes in form or attempts to "launder" the initial asset. This book explores all the areas covered by the law of tracing in a degree of detail not previously reached in more general works.The law of tracing is a complex subject which has struggled to find a home in works on property, equity, commercial law and restitution. Broadly speaking, it addresses the question of when rights held in an asset can be asserted in another asset despite changes in form or attempts to 'launder' the initial asset. Properly understood this area of study is composed of several distinct topics. This book explores all the areas covered by the law of tracing in a degree of detail not previously reached in more general works.a book on the highly challenging area of the law of tracing is necessary and welcome...an intelligent work, peppered with relvant and helpful examples, serving to illustrate the doctrine of tracing from its historical roots to the modern day...The text is to be commended for its comparativeapproach...a useful addition to the practitioner's shelves.`outstanding monography ... it is a masterpiece which proves that traditional common law scholarship is not only alive and well, but moreover, is extremely useful to students, academics and practitioners ... The book is much more than the exposition of jurisprudence pertaining to the subjectmatter. Rather, the author goes much beyond providing a detailed and accurate description of case law. The principal strength of the work is the critical and thorough analysis of case law against underlying general principles that this case law has purported but often failed to implement ... Thebook is well researched and ably presented ... this is an excellent book. It is a first class piece of doctrinal scholarship ... The book is of great use to the student, practitioner, and academic.'Benjamin Geva, Banking and Finance Law Review 14.
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Introduction
Following, Tracing and Claiming
Motives for Tracing
Swollen Assets: Claiming Without Tracing
Terminology
Introduction
Following Into Mixtures
The End of Following Through The Destruction of the Subject Matter
What Do we Trace?
Prerequisites to the Exercise of Tracing
Follow or Trace?
Characteristics of Clean Substitutions
The Role of Intention
Some Specific Cases
Quantifying The Traced Value in a New Form
Tracing Rules II Mixed Substitutions
General Principles
Mixed Substitutions and Physical Mixtures: Solutions by Analogy
Tracing Into and Out of Bank Accounts
Tracing Into and Out of Other Mixtures of Indistinguishable Intangible Assets
Tracing into Insurance Proceeds
Set-off
Services and Physical Alterations
Tracing Rules III Special Problems
Tracing in Transit
Proving Substitutions
Foreign Elements
Conclusion


Edition: 1996
Publisher: Oxford University Press, Incorporated
Binding: Trade Cloth
Pages: 396
Size: 6.75" wide x 10.00" long x 1.25" tall
Weight: 1.74 lbs.
Language: English

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