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Equity and Trusts in Nigeria covers wide-ranging issues in this area of law and draws from a mixture of property law and the law of obligation. Some of the topics covered are: History and Development of Equity; Equitable interest in land; The nature of trust; Matrimonial property and trusts; Charitable trust; General equitable defenses; Trustees' fiduciary duties; Commercial trusts and insolvency; and the future of equity.
Overview of the laws of trusts in Nigeria as well as a study of the sociological nature, function and adequacy of trusts as a means of administrating property in Nigeria.
The reception of the trust in civil law jurisdictions has generated considerable conceptual debate internationally and in East Asia. In Trust Law in Asian Civil Law Jurisdictions, the authors: • Provide a detailed comparative examination of trust laws in Asian civil law jurisdictions from both operational and theoretical perspectives • Discuss the reception of the trust laws in Japan, South Korea, Taiwan and China and the challenges facing them • Engage in in-depth comparative inquiries as to how these Asian legal systems resolve questions pertaining to the trust • Evaluate the distinctive features of Asian trusts and how they are moulded to suit the civilian legal frameworks within which they are situated. The analysis intersects with the Trento trust project in Europe, but also differs from it by providing valuable perspectives of the 'Asian' approaches to trust researchers in Asia and the Anglophone world at large.
This latest edition of Moffat's Trusts Law has been fully revised and updated to cover recent statutory developments and explores the impact of a wealth of new cases including the Supreme Court decisions in Pitt v. Holt (2013), FHR European Ventures v. Cedar Capital Partners (2014) and Williams v. Central Bank of Nigeria (2014). It has been restructured to incorporate a new chapter on the internationalisation of the trust which provides an understanding of the new directions being taken in the areas of trust law and equitable remedies. Supplementary material includes an online chapter on occupational pension schemes. With suggestions for further reading guiding the student to contemporary debates, this leading textbook retains its hallmark combination of a contextualized approach and a commercial focus, and remains the serious student's textbook of choice.
The principles of Nigerian law of succession and the statutes backing them are presented in practical language; and includes an extensive number of case studies. Among the topics covered are legitimacy, legitimation and rights of inheritance; intestate succession (non-customary); testate succession (wills); succession under customary law; and administration of estates. Itse Sagay is a Senior Advocate of Nigeria and was previously a professor of law and Dean of the Faculty of Law at the University of Benin. He is currently in private practice, and a consultant to numerous local and international clients.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in Nigeria 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 Nigeria will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.
This collection of essays provides critical and in-depth analyses of Nigerian law, with comparisons to the laws of England and Wales, Canada, Australia, the USA and Singapore. It brings together world-class Nigerian legal academics who teach in various and leading law schools across the globe. The contributions represent the entire gamut of Nigerian law, from land law and the Land Use Act, through banking law, to commercial law. They also encompass insights from human rights law and procedures, criminal law, international law and the concept of self-determination, and Internet law and the regulation of electronic commerce. This book will be exceedingly useful to legal practitioners and academics, students and comparatists.
This book offers a valuable guide to one of the most challenging areas of commercial law, now frequently referred to as secured transactions, with a focus on Nigerian, Canadian and United States perspectives. A debtor’s ability to provide collateral influences not only the cost of the money borrowed, but also in many cases, whether secured lenders are willing to offer credit at all. The book proposes that increasing access to, and indeed, lowering the cost of credit could tremendously boost economic development, while at the same time arguing that this would best be achieved if the legal framework for secured transactions in Nigeria, and of course, any other country with similar experiences, were designed to allow the use of personal property and fixtures to secure credit. Similarly, the creation, priority, perfection, and enforcement of security interests in personal property should be simplified and supported by a framework that ensures that neither the interests of secured lenders nor debtors are hampered, so as to guarantee the continuous availability of affordable credit as well as debtors’ willingness to borrow and do business. The book further argues that in addition to the obvious preference for real property over personal property by secured lenders due to the unreformed secured-transactions legal framework in Nigeria, its compartmentalized nature has also resulted in unpredictability in commerce and the concomitant effects of poor access to credit. Through the comparative research conducted in this book utilizing the UCC Article 9 and Ontario PPSA as benchmarks, the author provides reformers with a repository of tested secured-transactions law solutions, which law reformers in the Commonwealth countries in Africa and beyond, as well as the business community will find valuable in dealing with issues that stem from secured transactions.