Abstract
Abstract Most lawyers connect tracing with proprietary claims to traceable pro ceeds, and that is the subject of this chapter, which could fairly be called the heart of this Part. The first section discusses the different ways pro prietary rights are acquired, which allows us to better understand the assertion of proprietary claims consequent upon a successful tracing exercise. The second section examines whether the assertion of such claims can be justified. Some have argued that proprietary claims are overly protective of those who successfully assert them, to the detriment of creditors. Others argue that the protection afforded to holders of pro prietary rights is too weak according to the traditional principles, and have argued for wider protection.
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