The Modern Cy Près Doctrine

Author : Rachael Mulheron
Publisher : Routledge
Page : 400 pages
File Size : 53,6 Mb
Release : 2016-04-08
Category : Law
ISBN : 9781135392659

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The Modern Cy-près Doctrine by Rachael Mulheron Pdf

It is unusual, in the precise world of law, to find instances of where ‘near enough is good enough’. This book explores when this is possible, referring to property and monetary transfers, under the increasingly important and influential cy-près doctrine. The doctrine decrees that, when literal compliance is impossible or infeasible, the intention of a donor or testator should be carried out ‘as nearly as possible’. Over the past thirty years, this doctrine has marched into other legal territory where ‘as near as possible’ is also considered sufficient, such as in class actions litigation and under non-charitable trusts. Discussing and analyzing key developments across the Commonwealth jurisdictions and the USA, this book considers whether there is a new and overarching definition which can be attributed to the cy-près doctrine. It asks whether there is a doctrinal symmetry of analysis that truly renders it a body of ‘cy-près law’ in the modern context and whether the doctrine can be expected to play an even greater role in the future. This book is of interest to researchers and practitioners working in trusts and charity law, property law, contract law, and class actions jurisprudence.

Author : Rachael Mulheron
Publisher : Routledge
Page : 519 pages
File Size : 53,8 Mb
Release : 2016-04-08
Category : Law
ISBN : 9781135392642

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The Modern Cy-près Doctrine by Rachael Mulheron Pdf

It is unusual, in the precise world of law, to find instances of where ‘near enough is good enough’. This book explores when this is possible, referring to property and monetary transfers, under the increasingly important and influential cy-près doctrine. The doctrine decrees that, when literal compliance is impossible or infeasible, the intention of a donor or testator should be carried out ‘as nearly as possible’. Over the past thirty years, this doctrine has marched into other legal territory where ‘as near as possible’ is also considered sufficient, such as in class actions litigation and under non-charitable trusts. Discussing and analyzing key developments across the Commonwealth jurisdictions and the USA, this book considers whether there is a new and overarching definition which can be attributed to the cy-près doctrine. It asks whether there is a doctrinal symmetry of analysis that truly renders it a body of ‘cy-près law’ in the modern context and whether the doctrine can be expected to play an even greater role in the future. This book is of interest to researchers and practitioners working in trusts and charity law, property law, contract law, and class actions jurisprudence.

Author : Graham Moffat,Gerard M. D. Bean,Rebecca Probert
Publisher : Cambridge University Press
Page : 1200 pages
File Size : 49,9 Mb
Release : 2009-09-03
Category : Law
ISBN : 9780521767897

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Trusts Law by Graham Moffat,Gerard M. D. Bean,Rebecca Probert Pdf

This classic textbook brings a modern perspective to the study of the law of equity. Its hallmark contextualized approach and commercial focus will help students understand the subject, and the authors' commentary on the factors informing trusts law allows students to confidently grapple with complex ideas.

Author : Jonathan Garton,Rebecca Probert,Gerry Bean
Publisher : Cambridge University Press
Page : 1085 pages
File Size : 49,9 Mb
Release : 2020-05-14
Category : Law
ISBN : 9781108796446

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Moffat's Trusts Law by Jonathan Garton,Rebecca Probert,Gerry Bean Pdf

Combines authoritative commentary and unique contextual analysis to explain the general principles of trusts and their practical operation.

Author : Dennis Klimchuk,Irit Samet,Henry E. Smith
Publisher : Oxford University Press
Page : 400 pages
File Size : 45,6 Mb
Release : 2020-04-02
Category : Law
ISBN : 9780192549860

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Philosophical Foundations of the Law of Equity by Dennis Klimchuk,Irit Samet,Henry E. Smith Pdf

The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of 'equity'? Does Equity form a second-order constraint on law? If so, is its operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around 'fusion'. A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.

Author : Albert A. Foer,Randy Stutz
Publisher : Edward Elgar Publishing
Page : 425 pages
File Size : 42,9 Mb
Release : 2012-01-01
Category : Law
ISBN : 9780857939609

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Private Enforcement of Antitrust Law in the United States by Albert A. Foer,Randy Stutz Pdf

Private Enforcement of Antitrust Law in the United States is a comprehensive Handbook, providing a detailed, step-by-step examination of the private enforcement process, as illuminated by many of the country's leading practitioners, experts, and scholars. Written primarily from the viewpoint of the complainant, the Handbook goes well beyond a detailed cataloguing of the substantive and procedural considerations associated with individual and class action antitrust lawsuits by private individuals and businesses. It is a collection of thoughtful essays that delves deeply into practical and strategic considerations attending the decision-making of private practitioners. This eminently readable and authoritative Handbook will prove to be an invaluable resource for anyone associated with the antitrust enterprise, including both inexperienced and seasoned practitioners, law professors and students, testifying and consulting economists, and government officials involved in overlapping public/private actions and remedies.

Author : Matthew Harding
Publisher : Edward Elgar Publishing
Page : 640 pages
File Size : 46,8 Mb
Release : 2018-12-28
Category : Law
ISBN : 9781785369995

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Research Handbook on Not-For-Profit Law by Matthew Harding Pdf

This Research Handbook provides a comprehensive overview of scholarship on not-for-profit law. The chapters, written by world leading experts, explore key ideas and debates in relation to: theories of the not-for-profit sector, the composition and scope of that sector, not-for-profit organisations and the constitution, the legal conception of charity, the tax treatment of not-for-profit organisations and the regulation of not-for-profits. The book serves to represent not-for-profit law as a field of academic inquiry, and to point the way to future research in that field.

Author : Stefan Wrbka,Steven Van Uytsel,Mathias Siems
Publisher : Cambridge University Press
Page : 457 pages
File Size : 54,6 Mb
Release : 2012-04-30
Category : Law
ISBN : 9781107021549

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Collective Actions by Stefan Wrbka,Steven Van Uytsel,Mathias Siems Pdf

This volume of essays examines whether collective actions can enhance access to justice for multilayer interests.

Author : Caroline R. Sherman
Publisher : Catholic University of America Press
Page : 0 pages
File Size : 50,7 Mb
Release : 2022-08-05
Category : Religion
ISBN : 0813236347

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The Uses of the Dead by Caroline R. Sherman Pdf

Cy-près doctrine, which allows the purpose of a failing or impractical charitable gift to be changed, has been understood since the eighteenth century as a medieval canon law principle, derived from Roman law, to rescue souls by making good their last charitable intentions. The Uses of the Dead offers an alternate origin story for this judicial power, grounded in modern, secular concerns. Posthumous gifts, which required no sacrifice during life, were in fact broadly understood by canon lawyers and medieval donors themselves to have at best a very limited relationship to salvation. As a consequence, for much of the Middle Ages the preferred method for resolving impossible or impractical gifts was to try to reach a consensus among all of the interested parties to the gift, including the donor's heirs and the recipients, with the mediation of the local bishop. When cy-près emerged in the seventeenth century, it cut a charitable gift o from return to the donor's estate in the event of failure. It also gave the interested parties to the gift (heirs, beneficiaries, or trustees) little authority over resolutions to problematic gifts, which were now considered primarily in relationship to the donor's intent—even as the intent was ultimately honored only in its breach. The Uses of the Dead shows how cy-près developed out of controversies over church property, particularly monastic property, and whether it might be legally turned over to fund education, poor relief, or national defense. Renaissance humanists hoped to make better, more prudent uses of property; the Reformation sought to correct superstitious abuses of property and ultimately tended to prevent donors' heirs from recovering secularized ecclesiastical gifts; and the early modern state attempted to centralize poor relief and charitable efforts under a more rational, centralized supervision. These three factors combined to replace an older equitable ideal with a new equitable rule—one whose use has rapidly expanded in the modern era to allow assorted approximations and judicial redistributions of property.

Author : Kit Barker,Darryn Jensen
Publisher : Cambridge University Press
Page : 387 pages
File Size : 54,6 Mb
Release : 2013-12-05
Category : Law
ISBN : 9781107039117

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Private Law by Kit Barker,Darryn Jensen Pdf

An examination of contemporary encounters between public law and private law from both theoretical and practical perspectives.

Author : David Wright,Paul De Hert
Publisher : Springer
Page : 506 pages
File Size : 51,7 Mb
Release : 2016-04-19
Category : Law
ISBN : 9783319250472

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Enforcing Privacy by David Wright,Paul De Hert Pdf

This book is about enforcing privacy and data protection. It demonstrates different approaches – regulatory, legal and technological – to enforcing privacy. If regulators do not enforce laws or regulations or codes or do not have the resources, political support or wherewithal to enforce them, they effectively eviscerate and make meaningless such laws or regulations or codes, no matter how laudable or well-intentioned. In some cases, however, the mere existence of such laws or regulations, combined with a credible threat to invoke them, is sufficient for regulatory purposes. But the threat has to be credible. As some of the authors in this book make clear – it is a theme that runs throughout this book – “carrots” and “soft law” need to be backed up by “sticks” and “hard law”. The authors of this book view privacy enforcement as an activity that goes beyond regulatory enforcement, however. In some sense, enforcing privacy is a task that befalls to all of us. Privacy advocates and members of the public can play an important role in combatting the continuing intrusions upon privacy by governments, intelligence agencies and big companies. Contributors to this book - including regulators, privacy advocates, academics, SMEs, a Member of the European Parliament, lawyers and a technology researcher – share their views in the one and only book on Enforcing Privacy.

Author : Alastair Hudson
Publisher : Routledge
Page : 1429 pages
File Size : 47,5 Mb
Release : 2014-06-30
Category : Law
ISBN : 9781317684350

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Equity and Trusts by Alastair Hudson Pdf

"Alastair Hudson's Equity and Trusts is an ideal textbook for undergraduate courses on the law of trusts and equitable remedies. It provides a clear, current and comprehensive account of the subject through which the author's enthusiasm and expertise shine through, helping to bring to life an area of the law which students often find challenging. This Eighth Edition contains an analysis of the Supreme Court decisions in Pitt v Holt, Futter v Futter, Jones v Kernott and Re Lehman Brothers (Europe) v CRC; and the decisions in FHR European Ventures v Mankarious, Armstrong v Winnington and Independent Trustee Services v GK Noble and Morris. It also includes coverage of all of the cases which have stemmed from the financial crisis; a new treatment of the Charities Act 2011 and of the Perpetuities and Accumulations Act 2009; as well as a new treatment of the law on bribery and secret profits; a full treatment of the law on super-injunctions; and analysis of many other new cases. Equity and Trusts remains the most comprehensive and up-to-date coverage of the law of Equity and Trusts, while still a lively and thoughtful account of the issues raised by it. This book has been cited as being authoritative in the courts of numerous countries"--

Author : Louis Arthur Goodeve
Publisher : Unknown
Page : 632 pages
File Size : 55,8 Mb
Release : 1897
Category : Real property
ISBN : STANFORD:36105044258221

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The Modern Law of Real Property by Louis Arthur Goodeve Pdf

Author : Alexander Mansfield BURRILL
Publisher : Unknown
Page : 738 pages
File Size : 54,9 Mb
Release : 1859
Category : Electronic
ISBN : BL:A0023204094

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A New Law Dictionary and Glossary: containing full definitions of the principal terms of the common and civil law, together with translations and explanations of the various technical phrases in different languages ... embracing also all the principal common and civil law maxims. Compiled on the basis of Spelman's glossary, and adapted to the jurisprudence of the United States, etc by Alexander Mansfield BURRILL Pdf

Author : Sue Farran,Russell Hewitson,Adam Ramshaw
Publisher : Bloomsbury Publishing
Page : 365 pages
File Size : 47,9 Mb
Release : 2021-07-29
Category : Law
ISBN : 9781509939282

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Modern Studies in Property Law, Volume 11 by Sue Farran,Russell Hewitson,Adam Ramshaw Pdf

What are the contemporary challenges faced by property law as we enter the 2nd decade of the 21st century? This collection brings together the research and perspectives of an international body of academics and practitioners to consider these challenges and how even familiar topics must develop to meet new demands and developments. As with previous books in the Modern Studies in Property Law series, this volume adopts a broad approach to topics encompassed by 'property law' in the firm belief that the boundaries that divide are shadowy at best and constantly moving in the endeavour to keep up with what is 'modern'. This collection looks at 5 themes: - Comparative perspectives, including a chapter on grazing and cropping rights in Northern Ireland, and analysis of the anomalies of the English trust law as seen from a civil law perspective; - Taking and alienating property, including a chapter on bankruptcy and the family home; - Modern dilemmas, including chapters on trusts in virtual currency and on smart homes; - Old chestnuts – new challenges, including analysis of the mortgage law reform in Scotland and a chapter on the ouster principle in common law jurisdictions; and - Wills, death and other morbid topics, with chapters on English succession law and the role of knowledge and approval in retrospective assessments of capacity. Unfortunately, the COVID-19 pandemic prevented the 13th biennial conference being held in 2020 as planned but despite this, the authors and co-editors persevered to produce this interesting and diverse collection.