Law of Tracing
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The law of tracing is a complex subject which has struggled to find a home in works on property, equity, commercial law and restitution.
Broadly speaking it addresses the question of when rights held in an asset can be asserted in another asset despite changes in form or attempts to ""launder"" the intitial asset.
Properly understood this area of study is composed of several distinct topics. This book explores all the areas covered by the law of tracing in detail.
Contents:
- Chapter 1
- I. Introduction
- II. Following, Tracing and Claiming
- III. Motives for Tracing
- IV. Swollen Assets: Claiming Without Tracing
- V. Terminology
- Chapter 2
- I. Introduction
- II. Following Into Mixtures
- III. The End of Following Through The Destruction of the Subject Matter
- Chapter 3
- I. What Do we Trace?
- II. Prerequisites to the Exercise of Tracing
- III. Follow or Trace?
- Chapter 4
- I. Characteristics of Clean Substitutions
- II. The Role of Intention
- III. Some Specific Cases
- IV. Quantifying The Traced Value in a New Form
- Chapter 5: TRACING RULES II MIXED SUBSTITUTIONS
- I. General Principles
- II. Mixed Substitutions and Physical Mixtures: Solutions by Analogy
- III. Tracing Into and Out of Bank Accounts
- IV. Tracing Into and Out of Other Mixtures of Indistinguishable Intangible Assets
- V. Tracing into Insurance Proceeds
- VI. Set-off
- VII. Services and Physical Alterations
- Chapter 6: TRACING RULES III SPECIAL PROBLEMS
- I. Tracing in Transit
- II. Proving Substitutions
- III. Foreign Elements
- Chapter 7
- Conclusion
| Publisher: | Oxford University Press |
| ISBN: | 9780198260707 |
| Author(s) | Smith, LD |
| Edition | 1 |
| Format | Hb |
| Publication Date | 01/07/1997 |