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The Property Rights of Cohabitees

By: John Mee
Media of The Property Rights of Cohabitees
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Published: 01-04-1999
Format: Hardback
Edition: 1st
Extent: 384
ISBN: 9781901362763
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP : £100.00
 

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Loren Epson

About The Property Rights of Cohabitees

Although disputes upon the termination of a marriage are usually resolved in accordance with a legislatively determined scheme,similar disputes between unmarried cohabitees generally fall to be determined on the basis of rules developed by the courts. Much of the difficulty surrounding the area is attributable to the fact that it straddles a number of the traditional legal compartments, falling somewhere between equity, property, family, contract and restitution. The present book makes a determined effort to isolate each strand of the doctrinal tangle and to trace it back to its source. To this end, it considers developments in the established doctrines of resulting trust and estoppel before moving on to consider, in turn, the English 'common intention' trust; the modified resulting trust analysis favoured in Ireland; Lord Denning's abortive 'constructive trust of a new model'; the Canadian unjust enrichment approach; the Australian 'unconscionability' doctrine; and, finally, New Zealand's 'reasonable expectations' model. A comparative approach is taken throughout the book, culminating in a concluding chapter which draws together a number of themes that recur across the various doctrinal approaches.

Table Of Contents

INTRODUCTION
1. THE SOCIAL AND LEGAL BACKGROUND TO THE PROBLEM
2. THE ORTHODOX PURCHASE MONEY RESULTING TRUST
3. THE EXTENDED RESULTING TRUST
4. ESTOPPEL IN EQUITY
5. THE ENGLISH COMMON INTENTION TRUST
6. THE NEW MODEL CONSTRUCTIVE TRUST
7. THE CANADIAN UNJUST ENRICHMENT APPROACH
8. THE CONSTRUCTIVE TRUST AS A REMEDY FOR UNCONSCIONABILITY IN AUSTRALIA
9. NEW ZEALAND'S “REASONABLE EXPECTATIONS” APPROACH
10. CONCLUSION

Reviews

“...an invaluable resource, charting the historical development of the approaches taken in each jurisdiction.The book is well written and presented, with extremely useful footnoting and a comprehensive index. In the opinion of the reviewer, Mee's book is informative and easy to read, and it should attract a readership beyond the guild of property lawyers!” –  John Stevens, Restitution Law Review

“Mees book is highly readable, intelligently argued and contains food for thought on both theoretical and practical levels.” –  Alison Dunn, Trust Law International

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