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 comparative approach...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 subject matter. 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 ... The book 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.

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.
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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 intitial asset. This book explores all the areas covered by the law of tracing in detail.
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Chapter 1 ; I. Introduction ; II. Following, Tracing and Claiming ; III. Motives for Tracing ; IV. Swollen Assets: Claiming Without Tracing ; V. Terminology ; Chapter 2 ; I. Introduction ; II. Following Into Mixtures ; III. The End of Following Through The Destruction of the Subject Matter ; Chapter 3 ; I. What Do we Trace? ; II. Prerequisites to the Exercise of Tracing ; III. Follow or Trace? ; Chapter 4 ; I. Characteristics of Clean Substitutions ; II. The Role of Intention ; III. Some Specific Cases ; IV. Quantifying The Traced Value in a New Form ; Chapter 5: TRACING RULES II MIXED SUBSTITUTIONS ; I. General Principles ; II. Mixed Substitutions and Physical Mixtures: Solutions by Analogy ; III. Tracing Into and Out of Bank Accounts ; IV. Tracing Into and Out of Other Mixtures of Indistinguishable Intangible Assets ; V. Tracing into Insurance Proceeds ; VI. Set-off ; VII. Services and Physical Alterations ; Chapter 6: TRACING RULES III SPECIAL PROBLEMS ; I. Tracing in Transit ; II. Proving Substitutions ; III. Foreign Elements ; Chapter 7 ; Conclusion
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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 comparative approach...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 subject matter. 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 ... The book 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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Joint Winner of the STPL Award 1999

Product details

ISBN
9780198260707
Published
1997
Publisher
Oxford University Press
Weight
793 gr
Height
244 mm
Width
163 mm
Thickness
27 mm
Age
P, 06
Language
Product language
Engelsk
Format
Product format
Innbundet
Number of pages
396