The Nature of Equitable Property
The Journal of Equity, Vol. 4, No. 1, 2010
Posted: 28 Feb 2009 Last revised: 5 Nov 2009
Date Written: February 1, 2009
This paper puts forward a new analysis of equitable property rights. It is argued that such rights are best understood not as property rights (rights against things) nor as personal rights (rights against persons) but rather as rights against rights. This analysis has conceptual and practical consequences. Conceptually, it shows that English law does not contain two competing sets of rules about property rights, one arising at common law and the other in equity. Practically, it explains a number of features of the law relating to equitable property rights as well as showing how such rights could function in civil law systems.
Keywords: Equity, Property, Commercial law, Security, Conflict of laws
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