Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in Ireland deals with the issues related to rights and interests in all kinds of property and assets – immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in Ireland will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.

In the Republic of Ireland, there have been many developments in the law affecting trusts, such as the decision of the Supreme Court in Lynch v Burke on resulting trusts and in England the decision of the House of Lords in Stack v Dowden on â??common intention,â?? constructive trusts. These and similar developments are comprehensively considered and explained in this second edition. The book is fully updated to include all relevant case law and legislation.

The third edition of this well-established legal text provides a comprehensive treatment and analysis of the area of equity and trusts. Set out in a user-friendly fashion that is easy to navigate, the book traces the development through history of the law of equity, the law of trusts, and equitable remedies. This updated and expanded new edition provides an insight into recent developments in relation to both trusts and equitable remedies. New important case law in the area such as Stanley v Kieran [2012] IESC 19, Greene v Coady [2014] IEHC 38 and Ulster Bank v Roche [2012] 1 IR 765 are fully explored. There are essential updates in the areas of wills and probate, including a look at constructive trusts and Cawley & Anor v Lillis [2011] IECH 515, as well as updates in relation to proprietary estoppel claims and the three recent High Court decisions in this area. Of particular interest to both academics and practitioners is the section on injunctions due to the many areas of law involved, including asylum, commercial and industrial relations. While the audience for this title will be largely academic, in particular law students, there is also a wealth of information which practitioners will find beneficial.

Succession law is the law governing the devolution of property on the death of its owner. This new book provides peerless analysis of this branch of law with extensive cross-referencing to related issues such as tax, conveyancing, family law, enduring powers of attorney, limitation of actions, estate accounts, private international law and trusts. It provides the reader with in-depth coverage of key Irish judgments, statutes, court rule provisions and Court and Probate Officer practice directions. The coverage is supplemented with Court Rule prescribed forms and many non-prescribed drafted forms, titles to grants of representation and checklists, which all readers will find invaluable aids to understanding and applying succession law in practice. This highly practical book includes a chapter on will drafting and estate planning and provides 10 precedent templates covering most testator requirements: Precedent 1: All to spouse, and should spouse not survive testator by 30 days, all to two children, as substituted residuary legatees and devisees – where child predeceases, gift over to any children of predeceased child alive at date of death of deceased Precedent 2: Residue to children equally, who are minors at date of execution of will Precedent 3: Article 22 EU Succession Regulation choice of law clause, professional executor charging clause and various devises and bequests Precedent 4: Joint devise and various attestation clauses depending on disability of Testator Precedent 5: Demonstrative and charitable legacies and life and remainder interests Precedent 6: Will leaving legal right share to spouse with life estate of residue to spouse and special power of appointment amongst children of testator Precedent 7: Wills - one dealing with estate of the testator in the State only and the other dealing with his estate outside the State Precedent 8: Precedent Codicils Precedent 9: Trust Precedent 10: Discretionary Trust The book's appendices, too, contain a wealth of practical information such as: * Draft precedent titles for grants of representation. *Template proceedings, wills, forms and letters. *Practitioner, testator and legal personal representative checklists. *Unique genealogical kinship tracing diagram and table. *Probate system process maps. * Superior Court, Land Registry and Registry of Deed Rules and forms. * Non-prescribed Forms. * Sample High Court contentious probate summonses. * Law Society guidelines for solicitors drafting wills and dealing with vulnerable clients. * Practitioner guidance on costs. This title is included in Bloomsbury Professional's Irish Wills and Probate online service.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Ireland covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Ireland. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

Includes reports from the Chancery, Probate, Queen's bench, Common pleas, and Exchequer divisions, and from the Irish land commission.

Foundations of Property Law: Things as Objects of Property Rights is an abridged translation of the first volume of Christian von Bar's Gemeineuropäisches Sachenrecht -a milestone in European private law theory, and in comparative property law more broadly. Radical in content and scope, the English version examines the dynamics of interaction between the objects, contents, and holders of property. The conceptual framework of 'property law' is presented as a domain of erga omnes monopoly rights that govern the relationship between persons and objects of value. Within that framework, a reciprocal relationship is illustrated between "property rights" and their objects; property rights play a role in constituting the very objects ("things") in which they are held. With comprehensive comparative analysis, insights are gleaned from all the jurisdictions of the European Union and the United Kingdom, presenting a critical evaluation of property law systems in both Common and Civil Law traditions. This book joins all the national legal systems in a single inquiry, treating their traditions and arguments with the respect they deserve and taking advantage of the knowledge embodied in the diversity of European private law. A scholastic work, offering deep and unique insights into the European property law systems, Foundations of Property Law will quickly become a go-to resource for anyone interested in European private law and comparative property law.