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Vol 21 No 11 Nov/Dec 2016

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Law of Tracing

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ISBN13: 9780198260707
ISBN: 0198260709
Published: December 1998
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £100.00



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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.

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Subjects:
Equity and Trusts, Money Laundering, Courts and Procedure
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