
Published online:
20 June 2024
Published in print:
25 April 2024
Online ISBN:
9780191993954
Print ISBN:
9780198885320
Contents
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1. General Principles 1. General Principles
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2. Proprietary Claims and Remedies 2. Proprietary Claims and Remedies
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(A) Common Law Proprietary Claims and Remedies (A) Common Law Proprietary Claims and Remedies
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(B) Equitable Proprietary Claims and Remedies (B) Equitable Proprietary Claims and Remedies
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(i) Constructive Trust (i) Constructive Trust
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(1) Transfer of Property (1) Transfer of Property
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(2) Proportionate Share (2) Proportionate Share
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(ii) Equitable Charge (ii) Equitable Charge
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(iii) Subrogation (iii) Subrogation
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(1) The Function of Subrogation (1) The Function of Subrogation
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(2) The Principles Underlying the Remedy of Subrogation (2) The Principles Underlying the Remedy of Subrogation
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3. Personal Claims and Remedies 3. Personal Claims and Remedies
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(A) Personal Claims and Remedies at Law (A) Personal Claims and Remedies at Law
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(i) Conversion (i) Conversion
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(ii) Action for Money Had and Received (ii) Action for Money Had and Received
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(iii) Action for Debt (iii) Action for Debt
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(B) Personal Claims and Remedies in Equity (B) Personal Claims and Remedies in Equity
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(i) Administration of Estates (i) Administration of Estates
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(ii) Action for Knowing Receipt (ii) Action for Knowing Receipt
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(1) Conditions of Liability (1) Conditions of Liability
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(2) The Remedies for Unconscionable Receipt (2) The Remedies for Unconscionable Receipt
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(3) The Future of the Action for Knowing Receipt (3) The Future of the Action for Knowing Receipt
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(iii) Subrogation (iii) Subrogation
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Chapter
22 Restitutionary Claims and Remedies to Vindicate Property Rights
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Pages
690–718
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Published:April 2024
Cite
Virgo, Graham, 'Restitutionary Claims and Remedies to Vindicate Property Rights', The Principles of the Law of Restitution, 4th edn (Oxford , 2024; online edn, Oxford Academic, 20 June 2024), https://doi.org/10.1093/oso/9780198885320.003.0022, accessed 4 May 2025.
Abstract
This chapter distinguishes between claims to vindicate property rights where the claim is proprietary and where the claim is personal. Proprietary remedies at Law are very limited. Personal claims to vindicate property rights at Law are ones of strict liability. Equity proprietary remedies to vindicate equitable property rights encompass the constructive trust, the lien, and subrogation. Personal claims to vindicate property rights in Equity mainly take the form of the claim for knowing receipt, and this is a claim that requires proof of fault. Finally, the chapter considers the reasons for the differences between the Common Law and equitable claims.
Keywords:
vindication of property rights, proprietary remedy, personal remedy, strict liability, fault, constructive trust, lien, subrogation, knowing receipt
Subject
Civil Law
Collection:
Oxford Scholarship Online
The Principles of the Law of Restitution. Fourth Edition. Graham Virgo, Oxford University Press. © Graham Virgo 2024. DOI: 10.1093/oso/9780198885320.003.0022
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