The Nature of Equitable Property

Posted: 28 Feb 2009 Last revised: 5 Nov 2009

See all articles by Ben Mcfarlane

Ben Mcfarlane

University College London - Faculty of Laws

Robert Stevens

University College London - Faculty of Laws

Date Written: February 1, 2009

Abstract

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

Suggested Citation

Mcfarlane, Ben and Stevens, Robert, The Nature of Equitable Property (February 1, 2009). The Journal of Equity, Vol. 4, No. 1, 2010, University College London Law Research Paper, Oxford Legal Studies Research Paper No. 10/2009, Available at SSRN: https://ssrn.com/abstract=1350473

Ben Mcfarlane (Contact Author)

University College London - Faculty of Laws ( email )

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom

Robert Stevens

University College London - Faculty of Laws ( email )

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom

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