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Value, property and unjust enrichment: trusts of traceable proceeds

Penner, JE; (2009) Value, property and unjust enrichment: trusts of traceable proceeds. In: Chambers, R and Mitchell, C and Penner, J, (eds.) Philosophical foundations of the law of unjust enrichment. (? - ?). Oxford University Press, Oxford, England

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Abstract

Restitution lawyers commonly speak of the 'transfer' of value; this is misconceived. Values are realised, not transferred, only property rights are transferred. This realisation distinctly illuminates the relationship between the law of restitution and the law of tracing, strongly suggesting that trusts of traceable proceeds are not examples of restitutionary entitlements which reverse unjust enrichments.

Type:Book chapter
Title:Value, property and unjust enrichment: trusts of traceable proceeds
ISBN:0199567751
ISBN-13:9780199567751
Keywords:Law, unjust enrichment, restitution, philosophy of law, primary and secondary rights, philosophy of property
UCL classification:UCL > School of Arts and Social Sciences > Faculty of Laws

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