The Jurisdiction to Relieve Against Forfeiture in a Commercial Transaction

Australian Bar Review, 33 110-118

Posted: 26 Jun 2015

See all articles by Lee Aitken

Lee Aitken

The University of Hong Kong - Faculty of Law

Date Written: 2010

Abstract

Equity’s ability to relieve against forfeiture of interests in real property is well-established. More uncertain is the jurisdiction to intervene in favour of a lessee of a valuable chattel (for example, an aircraft) who defaults. In the latter case, the authorities draw a distinction between a ‘finance’ lease, and an ‘operating’ lease. Similar questions can arise with respect to securitised loan obligations. This article examines the general principles, and recent examples in both fields.

JEL Classification: K00

Suggested Citation

Aitken, Lee, The Jurisdiction to Relieve Against Forfeiture in a Commercial Transaction (2010). Australian Bar Review, 33 110-118. Available at SSRN: https://ssrn.com/abstract=2622811

Lee Aitken (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01235

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