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Claims to Traceable Proceeds - Law, Equity, and the Control of Assets | Oxford Scholarship Online
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Claims to Traceable Proceeds: Law, Equity, and the Control of Assets

Aruna Nair

Abstract

This book explains the rational basis of the law of tracing, and why and when English law makes claims to traceable proceeds available. Tracing enables a claimant to make a proprietary claim to an asset acquired by a defendant from a third party, on the grounds that that asset represents the ‘traceable proceeds’ of another asset that belonged to the claimant. The book argues that the rules that allow this connection between assets to be established—the rules of tracing—aim to strike a balance between preserving the autonomy of defendants in making decisions to acquire or retain assets and prev ... More

Keywords: Tracing, Substitution, Proceeds, Fiduciaries, Proprietary Claims

Bibliographic Information

Print publication date: 2018 Print ISBN-13: 9780198813408
Published to Oxford Scholarship Online: April 2018 DOI:10.1093/oso/9780198813408.001.0001

Authors

Affiliations are at time of print publication.

Aruna Nair, author
Lecturer in Property Law, King's College London