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Journal article

Trusts without equity in the common law

Abstract:
It is a view prevalent amongst both English lawyers and comparative lawyers that the institution of the trust in the common law depends on there being a separate jurisdiction called Equity. The purpose of this article is to challenge that view. It describes both what it is that an English lawyer knows as Equity and the institution of the trust. It then outlines and refutes a number of possible objections to trusts existing in the common law without Equity.
Publication status:
Published
Peer review status:
Peer reviewed

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Institution:
University of Oxford
Division:
Social Sciences Division
Department:
Law
Subgroup:
Law Faculty
Oxford college:
Brasenose College
Role:
Author
Publisher:
Deutscher Fachverlag GmbH Publisher's website
Journal:
Zeitschrift für Vergleichende Rechtswissenschaft Journal website
Volume:
118
Issue:
02
Pages:
121-144
Publication date:
2019-05-23
Acceptance date:
2019-01-06
Pubs id:
pubs:968933
URN:
uri:ebf57c1e-e8fc-40b4-aa51-4b3686a37bd1
UUID:
uuid:ebf57c1e-e8fc-40b4-aa51-4b3686a37bd1
Local pid:
pubs:968933

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