This topical title explains the circumstances in which a creditor of an insolvent debtor can take priority over other creditors by claiming a proprietary interest in assets held by the debtor. It focuses on the situation where the proprietary interests are created by operation of law or are implied from the arrangements between the parties. INDICE: Part I: Introduction; 1: Pari Passu Sharing; 2: The Nature of Proprietary Interests; Part II: Retaining or recovering a proprietary interest;3: Retaining a Proprietary Interest by Agreement; 4: Retaining or Recovering a Proprietary Interest by Operation of Law; Part III: Obtaining a Proprietary Interest by Agreement; 5: Obtaining a Proprietary Interest by Express Agreement; 6: Obtaining a Proprietary Interest by Implied/Presumed Agreement; Part IV:Obtaining a Proprietary Interest in a Substitute Asset by Operation of Law; 7: Tracing at Law; 8: Tracing at Equity; Part V: Obtaining a Proprietary Interest in an Unconnected Asset by Operation of Law; 9: Obtaining a Proprietary Interest in an Unconnected Asset by Operation of Law; Part VI: Conclusion; 10: Conclusion
- ISBN: 978-0-19-922858-4
- Editorial: Oxford University
- Encuadernacion: Cartoné
- Páginas: 480
- Fecha Publicación: 04/03/2010
- Nº Volúmenes: 1
- Idioma: Inglés