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Subrogation and Marshalling

New Arrival Subrogation and Marshalling

Subrogation and Marshalling

作者： Rory Gregson
出版商： Hart Publishing
ISBN: 9781509969227
出版时间 October 2024
规格： Hardback
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only

List Price: JP¥19,975.00

JP¥19,375.84 Save JP¥599.16 (3%)

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This innovative and thought-provoking book studies how subrogation and marshalling should be understood in the context of private law.

Subrogation and marshalling are legal rules which give a person new rights with prima facie the same content as someone else's extinguished rights. There is little examination of why the law does this. This book argues that the key to understanding subrogation is the distinctive form of the rights that it creates. The form of rights created reflects a particular role in ensuring interpersonal justice: subrogation's role is to properly distribute the burden of debts. Taking this model, the book goes on to resolve persistent controversies in the case law, including when subrogation should occur, what rights it should create, the relationship between subrogation and marshalling, and whether subrogation is a remedy for unjust enrichment.
Part I: Introduction
1. What is Subrogation?
2. Six Controversies

Part II: Is Subrogation Redundant?
3. Enrichment
4. At the Claimant's Expense
5. Unjust
6. Defences
7. Effect

Part III: Is Subrogation Justified?
8. Previous Attempts to Justify Subrogation
9. Subrogation and Tracing
10. Properly Distributing the Burden of a Debt
11. Marshalling
12. Conclusion

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