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Author: Alexander A. Boni-Saenz Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
This Essay articulates a general theory of sham, understanding it as a species of fraud uniquely characterized by the deceptive misuse of an otherwise valid legal form to defeat a substantive rule of law or policy. It then considers two theoretical questions underlying the design and structure of civil remedial doctrines that protect potential victims and claimants against fraudulent sham transfers. First, should a sham avoidance doctrine require evidence of the challenged wrongdoer's subjective fraudulent intent, or should the doctrine alternatively allow for more objective proof, such as circumstantial evidence of surrounding facts indicative of a sham transfer? Second, is a bright-line rule prohibition or a holistic standard for ex post evaluation more likely to be effective as a remedy for sham transactions and how do concerns about efficiency of judicial review weigh in this rendition of the rules-versus-standards debate? The Essay identifies the Fraudulent Transfer Doctrine as the dominant approach for addressing sham transactions in the United States, which imposes a standard rather than a rule, and allows for proof of either subjective fraudulent intent or objective circumstantial evidence of badges of fraud in connection with the challenged transaction. The Essay then surveys other specialized sham avoidance doctrines, developed to address abusive tax trusts and spousal disinheritance, which illustrate experimentation with both subjective state-of-mind criteria and rule-based prohibitions, with mixed reception and success.
Author: Alexander A. Boni-Saenz Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
This Essay articulates a general theory of sham, understanding it as a species of fraud uniquely characterized by the deceptive misuse of an otherwise valid legal form to defeat a substantive rule of law or policy. It then considers two theoretical questions underlying the design and structure of civil remedial doctrines that protect potential victims and claimants against fraudulent sham transfers. First, should a sham avoidance doctrine require evidence of the challenged wrongdoer's subjective fraudulent intent, or should the doctrine alternatively allow for more objective proof, such as circumstantial evidence of surrounding facts indicative of a sham transfer? Second, is a bright-line rule prohibition or a holistic standard for ex post evaluation more likely to be effective as a remedy for sham transactions and how do concerns about efficiency of judicial review weigh in this rendition of the rules-versus-standards debate? The Essay identifies the Fraudulent Transfer Doctrine as the dominant approach for addressing sham transactions in the United States, which imposes a standard rather than a rule, and allows for proof of either subjective fraudulent intent or objective circumstantial evidence of badges of fraud in connection with the challenged transaction. The Essay then surveys other specialized sham avoidance doctrines, developed to address abusive tax trusts and spousal disinheritance, which illustrate experimentation with both subjective state-of-mind criteria and rule-based prohibitions, with mixed reception and success.
Author: Alastair Hudson Publisher: Routledge ISBN: 1317304578 Category : Law Languages : en Pages : 276
Book Description
Understanding Equity & Trusts provides a clear, accessible and lively overview of the main themes in this dynamic area of the law. An ideal first point of entry to the subject or revision tool, this book will give you an invaluable grounding in all of the key principles of equity and the law of trusts. If you need help with trusts law, then this is the book for you. This book covers all of the topics that a student reader will encounter in any trusts law or equity course. The text deals with express trusts, resulting and constructive trusts, the duties of trustees, breach of trust and tracing, commercial uses of trusts, charities, equitable remedies and trusts of homes. The law of trusts is built on simple basic principles. The approach of this book is to lay foundations with an explanation of those principles before building towards the more complex issues which are the focus of examinations in this subject. The lively text includes a large number of straightforward examples to make the discussion of the general law more accessible.
Author: Philip Rieff Publisher: University of Chicago Press ISBN: 0226716465 Category : Psychology Languages : en Pages : 292
Book Description
"Philip Rieff has become out most learned and provocative critic of psychoanalytic thinking and of the compelling mind and character of its first proponent. Rieff's Freud: The Mind of the Moralist remains the sharpest exegesis yet to be done on the moral and intellectual implications of Freud's work. It was a critical masterpiece, worthy of the man who inspired it; and it is now followed by a work that suffers not at all in comparison. No review can do justice to the richness of The Triumph of the Therapeutic."—Robert Coles, New York Times Book Review "A triumphantly successful exploration of certain key themes in cultural life. Rieff's incidental remarks are not only illuminating in themselves; they suggest whole new areas of inquiry."—Alasdair MacIntyre, Guardian
Author: Paul S Davies Publisher: Bloomsbury Publishing ISBN: 150992101X Category : Law Languages : en Pages : 391
Book Description
This book is the fourth in a series of essay collections on defences in private law. It addresses defences to liability arising in equity. The essays range from those adopting a mainly doctrinal perspective to others that explore the law from a more philosophical perspective. Some essays concentrate on specific defences, while others are concerned with the links between defences, or with how defences relate to the structure of the law of equity generally. One aim of the book is to shed light on equitable doctrines by analysing them through the lens of defences. The essays offer original contributions to this complex, important but neglected field of scholarly investigation. The contributors – judges, practitioners and academics – are all distinguished jurists. The essays are addressed to all of the major common law jurisdictions.
Author: Alexander A. Boni-Saenz
Author: Alexander A. Boni-Saenz![Discourses on the Scriptural doctrines of Atonement and Sacrifice: with ... remarks on the ... arguments advanced ... by the apponents of those doctrines, as held by the Established Church; and an appendix, containing ... strictures on Belsham's Review of Wilberforce's treatise [entitled: “A Practical Review of the prevailing religious system of professed Christians,” etc.]. PDF](https://books.google.com/books/content/images/frontcover/WflhAAAAcAAJ?fife=w80-h100)
Author: William MAGEE (successively Bishop of Raphoe and Archbishop of Dublin.)
Author: Alastair Hudson
Author: John Norton Pomeroy
Author: Alonzo Benjamin Palmer
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Author: Philip Rieff
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Author: Paul S Davies
Author: William Brodie