The Nature of the Beneficial Interest - Historical and Economic Perspectives

58 Pages Posted: 30 Nov 2013

See all articles by Ming Wai Lau

Ming Wai Lau

Bauhinia Foundation Research Centre

Date Written: February 22, 2013

Abstract

This article revisits a century-old debate over the nature of the beneficial interest. The issues and arguments may be complex, but the debate boils down to the simple question of whether the beneficial interest is a personal right or a property right. This debate is better served by analyzing the issues raised – the relationship between law and equity, the priority of legal interests over equitable ones, and the bona fide purchaser exception – from historical and economic perspectives. Both English legal history and modern economic analyses convincingly demonstrate that the beneficial interest is best considered a property right.

Keywords: trusts, beneficial interests, equity

Suggested Citation

Lau, Ming Wai, The Nature of the Beneficial Interest - Historical and Economic Perspectives (February 22, 2013). Available at SSRN: https://ssrn.com/abstract=2213055 or http://dx.doi.org/10.2139/ssrn.2213055

Ming Wai Lau (Contact Author)

Bauhinia Foundation Research Centre ( email )

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Admiralty Centre Tower 1
Hong Kong

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