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.
Authors
- Wen Jingchi
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
- Field-Weighted Citation Impact
- 0.00