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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:
SSD
Department:
Law
Sub department:
Law Faculty
Oxford college:
Brasenose College
Role:
Author

Publisher:
Deutscher Fachverlag GmbH
Journal:
Zeitschrift für Vergleichende Rechtswissenschaft More from this journal
Volume:
118
Issue:
02
Pages:
121-144
Publication date:
2019-05-23
Acceptance date:
2019-01-06

Pubs id:
pubs:968933
UUID:
uuid:ebf57c1e-e8fc-40b4-aa51-4b3686a37bd1
Local pid:
pubs:968933
Source identifiers:
968933
Deposit date:
2019-02-05

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