Overview

This book provides a precise understanding of legal and equitable property. John Tarrant sets out a unifying theory of legal and equitable property rights and shows how property rights fit within private law.\n\nThe book:\n \n examines the case law concerned with property rights to identify what concept of property has been adopted by the courts; \n outlines what things can be the legitimate subject of property rights by looking at the case law, and statute; \n demonstrates that our legal system has adopted a thinghood approach to property, and the courts and the legislature determine what things can be the object of property rights; \n explains the different characteristics of property rights, and how they correlate with duties of non-interference and obligations, and how some private law property rights also have a public law aspect. \n \nTarrant shows how legal and equitable property rights fit within private law by demonstrating that private law only has two purposes: first, to protect personal integrity; and second, to protect private property (our things) through the availability of a range of private law remedies. In simple terms, private law provides remedies for people and for their tangible and intangible things in interactions with other legal persons.

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9781760022044

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His book represents a notable and important contribution to the existing literature, and comes timeously at a moment when the world is still learning to deal with the effects of rapidly developing technology. One has confidence that Legal and Equitable Property Rights will provide fresh stimulus in the continuing debate over the legal nature of property taking place throughout the Commonwealth. - Lau Kwan Ho, Singapore Journal of Legal Studies, [2020]

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