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.
