Legal and equitable property rights / John Tarrant.

Alexandria, N.S.W. : The Federation Press, 2019.

1st edition

89240

Right of property -- Australia.

Equity -- Australia.

1. The property puzzle

2. Property as rights to things

3. Legal property rights with different characteristics

4. Legal property rights and their place in private law

5. Equitable property rights and their place in private law

6. Legal ownership and equitable ownership

7. Utilising two levels of property rights.

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. The book examines the case law concerned with property rights to identify what concept of property has been adopted by the courts; outlines what things can be the legitimate subject of property rights by looking at the case law, and statute; 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; 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. Tarrant 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 - Publisher's website.

Foreword: The Hon Justice Lucy McCallum - Title page.

Includes bibliographical references and index.

9781760022044

xv, 155 pages ; 22 cm