Has English Property Law gone too far in Equitable Protection

In recent decades, whether English property law has gone too far in equitable protection has raised constant debate, which has been characterised by a gulf between the argument that the equitable doctrine has gone too far in allowing remedies to parties and that the protection provided by it is generally reasonable. In this article, I will first demonstrate the process of creating and transferring legal property rights which has so far been set down in English property law and the main equitable doctrines: the doctrine of anticipation, proprietary estoppel, and constructive trust. On the basis of deeply analysing some criticism surrounding these three doctrines respectively, I will draw a conclusion that the equitable doctrines of protection have so far been circumscribed to a reasonable extent and thus not to be too excessive.

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Publication Details

Journal
JOURNAL OF COMMERCIAL LAW REVIEW
Published
2025-01-01
DOI
https://doi.org/10.47297/wspjclrwsp2516-249707.20250903
Primary Topic
Legal principles and applications
Type
article
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article

Has English Property Law gone too far in Equitable Protection

Wen Jingchi
JOURNAL OF COMMERCIAL LAW REVIEW
Legal principles and applications
article

Has English Property Law gone too far in Equitable Protection

Wen Jingchi
article en

Abstract

In recent decades, whether English property law has gone too far in equitable protection has raised constant debate, which has been characterised by a gulf between the argument that the equitable doctrine has gone too far in allowing remedies to parties and that the protection provided by it is generally reasonable. In this article, I will first demonstrate the process of creating and transferring legal property rights which has so far been set down in English property law and the main equitable doctrines: the doctrine of anticipation, proprietary estoppel, and constructive trust. On the basis of deeply analysing some criticism surrounding these three doctrines respectively, I will draw a conclusion that the equitable doctrines of protection have so far been circumscribed to a reasonable extent and thus not to be too excessive.

JOURNAL OF COMMERCIAL LAW REVIEWVol. 9(3)
Openalex Percentile: Top 52%
Legal principles and applications
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