The Modern Cy-près Doctrine - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Modern Cy-près Doctrine write by Rachael Mulheron. This book was released on 2016-04-08. The Modern Cy-près Doctrine available in PDF, EPUB and Kindle. 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.
Cy Pres Doctrine with Particular Emphasis on Its Application in Texas
Cy Pres Doctrine with Particular Emphasis on Its Application in Texas - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Cy Pres Doctrine with Particular Emphasis on Its Application in Texas write by John Dean Smith. This book was released on 1960. Cy Pres Doctrine with Particular Emphasis on Its Application in Texas available in PDF, EPUB and Kindle.
American Jurisprudence
American Jurisprudence - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook American Jurisprudence write by . This book was released on 1976. American Jurisprudence available in PDF, EPUB and Kindle.
A Treatise on the Modern Law of Real Property as Expounded by Our Courts of Last Resort, State and Federal
A Treatise on the Modern Law of Real Property as Expounded by Our Courts of Last Resort, State and Federal - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook A Treatise on the Modern Law of Real Property as Expounded by Our Courts of Last Resort, State and Federal write by Frank Sumner Rice. This book was released on 1900. A Treatise on the Modern Law of Real Property as Expounded by Our Courts of Last Resort, State and Federal available in PDF, EPUB and Kindle.
Philosophical Foundations of the Law of Equity
Philosophical Foundations of the Law of Equity - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Philosophical Foundations of the Law of Equity write by Dennis Klimchuk. This book was released on 2020-04-02. Philosophical Foundations of the Law of Equity available in PDF, EPUB and Kindle. 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.
