Laundering and tracing

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書誌事項

Laundering and tracing

edited by Peter Birks

Clarendon Press , Oxford University Press, 1995

大学図書館所蔵 件 / 全9件

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注記

Includes index

内容説明・目次

内容説明

The legal difficuties arising out of the growing number of `money-laundering' cases reaching the courts are the subject of a burgeoning literature. Certainly there is much debate among practitioners, judges, and academics as to what the civil courts can do to assist plaintiffs seeking to recover funds in the UK and overseas. This collection of essays, the first on the subject, throws important fresh light on the solutions offered by the common law and equity, and considers the judicial reasoning in recent landmark cases.

目次

  • Equity's Identification Rules
  • The Legal and Moral Limits of Common Law Tracing
  • Tracing, Mixing, and Laundering
  • Tracing the Proceeds of Crime: An Inequitable Solution
  • The Involuntary Launderer: The Banker's Liability for Deposits of the Proceeds of Crime
  • Change of Position
  • After Change of Position: Good Faith Exchange in the Modern Law of Restitution
  • Total Failure of Consideration and Counter-Restitution: Two Issues or One
  • The Nature of Ministerial Receipt
  • Passing On
  • The New Emphasis on Defences

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