Abstract

Abstract This chapter discusses the distinction between personal and proprietary rights, and why it is important where third parties are involved or there is an insolvency. It explains the difficulty of drawing the distinction between personal and proprietary rights in certain cases, including leases of goods, licences of land, and charterparties of ships. It considers the various types of proprietary interest—including legal and equitable interests; land, goods and intangibles; and outright and secured transactions. It explains the remedies available to enforce proprietary rights at common law (such as conversion) and in equity (including knowing receipt and dishonest assistance). The importance of the distinctions between personal and proprietary rights, in different types of proprietary interests, and between remedies under common law and equity are discussed.

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