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Private ownership

Legal Theory 16 (1):1-35 (2010)

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  1. Property and the Interests of Things: The Case of the Donative Trust.Johanna Jacques - 2019 - Law and Critique 30 (2):201-220.
    Within a liberal, ‘law of things’ understanding of property, the donative trust is seen as a species of gift. Control over trust property passes from the hands of settlors to beneficiaries, from owners to owners. Trust property, like all other property, is silent and passive, its fate determined by its owners. This article questions this understanding of the trust by showing how beneath the facade of ownership, the trust inverts the relation between owner and owned, person and thing. It analyses (...)
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  • Legal Powers in Private Law.Christopher Essert - 2015 - Legal Theory 21 (3-4):136-155.
    This article explores the nature and role of legal powers in private law. I show how powers are special in that they allow agents to change their (and others’) legal circumstances merely by communicating an intention to do so, without having also to change the nonnormative facts of the world. This feature of powers is, I argue, particularly salient in private law, with its correlative or bipolar normative structure; understanding powers and their role in private law thus requires careful attention (...)
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