| 单词 | Tracing |
| 释义 | 財產追蹤 The equitable right of a beneficiary to ‘follow’ property into the hands of the person who holds it, unless that person is a bona fide purchaser for value without notice. There are common law tracing and equitable tracing. For common law tracing, specific recovery in an action in detinue was available, under the UK Common Law Procedure Act 1854 s 78. Although the Act was abolished in the United Kingdom by Torts (Interference with Goods) Act 1977 s 2, the discretionary power of the court to order specific recovery has been retained. Common law tracing requires the chattel to be ascertained or identifiable, and it presents a problem if it is turned into money and mixed with other funds: Taylor v Plumer (1815) 3 M & S 562. For equitable tracing, the existence of a fiduciary relationship is a prerequisite, although it need not exist between the parties to the action. It is possible for equitable tracing to overcome the difficulty in common law tracing in identifying the claimant’s money in a mixed fund: Banque Belge pour L’Etranger v Hambrouck [1921] 1 KB 321. Claims in equity are invalid against a bona fide purchaser for value without notice: Thomson v Clydesdale Bank [1893] AC 282. See also Account; Clayton’s case, rule in; Constructive trustee; Conversion; Detinue; Notice; Right in rem; Trover. |
| 随便看 |
|
法律词典收录了8080条英汉双解法律词条，基本涵盖了常用法律英语单词及短语词组的翻译及用法，是法律学习的有利工具。