Property | equity
This chapter argues that equitable property rights are best seen as distinct in form from both legal property rights and personal rights. Peter Birks’ taxonomy can ultimately be seen as focused on identifying the events that give rise to particular types of right. The chapter explains that Birks’ sc...
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| Format: | Book section |
| Language: | English |
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Oxford University Press
2024
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| _version_ | 1826314894896529408 |
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| author | McFarlane, B |
| author2 | Day, W |
| author_facet | Day, W McFarlane, B |
| author_sort | McFarlane, B |
| collection | OXFORD |
| description | This chapter argues that equitable property rights are best seen as distinct in form from both legal property rights and personal rights. Peter Birks’ taxonomy can ultimately be seen as focused on identifying the events that give rise to particular types of right. The chapter explains that Birks’ scheme for private law fails to accord sufficient weight to the distinctiveness of equitable property rights, effectively overlooking the possibility of a third type of right: what might be called ‘persistent rights’. The chapter notes that one achievement of equity has been bypassing the crucial borderline between property rights and personal rights. |
| first_indexed | 2024-04-09T03:57:32Z |
| format | Book section |
| id | oxford-uuid:3210461d-1033-4a7f-8685-b144c167b559 |
| institution | University of Oxford |
| language | English |
| last_indexed | 2024-12-09T03:14:31Z |
| publishDate | 2024 |
| publisher | Oxford University Press |
| record_format | dspace |
| spelling | oxford-uuid:3210461d-1033-4a7f-8685-b144c167b5592024-10-17T17:03:17ZProperty | equityBook sectionhttp://purl.org/coar/resource_type/c_1843uuid:3210461d-1033-4a7f-8685-b144c167b559EnglishSymplectic ElementsOxford University Press2024McFarlane, BDay, WGrower, JThis chapter argues that equitable property rights are best seen as distinct in form from both legal property rights and personal rights. Peter Birks’ taxonomy can ultimately be seen as focused on identifying the events that give rise to particular types of right. The chapter explains that Birks’ scheme for private law fails to accord sufficient weight to the distinctiveness of equitable property rights, effectively overlooking the possibility of a third type of right: what might be called ‘persistent rights’. The chapter notes that one achievement of equity has been bypassing the crucial borderline between property rights and personal rights. |
| spellingShingle | McFarlane, B Property | equity |
| title | Property | equity |
| title_full | Property | equity |
| title_fullStr | Property | equity |
| title_full_unstemmed | Property | equity |
| title_short | Property | equity |
| title_sort | property equity |
| work_keys_str_mv | AT mcfarlaneb propertyequity |