Download e-book for iPad: Conceptualising Home: Theories, Law And Policies by Lorna Fox

By Lorna Fox

ISBN-10: 1841135798

ISBN-13: 9781841135793

ISBN-10: 1847312918

ISBN-13: 9781847312914

Domestic offers the backdrop for our lives, and is frequently the scene or the topic of felony disputes. additionally, in contemporary many years there was turning out to be educational curiosity within the that means of domestic, which has brought on empirical reports and theoretical exploration in quite a lot of disciplines. but, whereas the authenticity of domestic as a social, mental, cultural, and emotional phenomenon has been well-known in different disciplines, it has no longer penetrated the criminal area, the place the proposition that domestic can encapsulate meanings past the actual constitution of the home, or the capital price it represents, maintains to give conceptual problems. This publication makes a speciality of the competing pursuits of collectors who lend cash opposed to the protection of the valuables and the occupiers who stay within the estate, within the context of ownership activities. via mapping the idea that of domestic because it has developed in different disciplines opposed to current felony frameworks, Conceptualising domestic examines the probabilities for constructing a coherent suggestion of domestic in legislation.

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30 Security can be acquired either ab initio or through an application for a charging order under the Charging Orders Act 1979, for ex post facto securitisation. 31 In this respect, the proprietary remedies may operate as an inducement to the debtor to pay, as a sanction against non-payment, or as a remedy of last resort through possession and sale. 32 ‘In the ordinary consequence of human experience the creation of credit may in the event be misplaced, resulting in a debt which is not recoverable in full’: Report of the Committee on Bankruptcy and Insolvency (Cmnd 8558) (London, HMSO, 1982), para 5.

39 Similarly, in parliamentary debates preceding the introduction of the Matrimonial Homes Act 1967, Lord Cohen indicated that any policy initiative adopted to protect the non-owning spouse with regard to her occupation of the family home 37 38 39 H Collins, The Law of Contract (4th edn, London, LexisNexis Butterworth, 2003), 18. Ibid. Barclays Bank Ltd v Bird [1954] 2 WLR 319 at 322, per Harman J. 40 When evaluating the arguments surrounding the availability of credit, it is important to note the distinction between acquisition finance and nonacquisition finance.

B) Fox Ch1 6/11/06 28 11:37 Page 28 Valuing Home: Theories, Laws and Policies analysed is the balance struck between the commercial claims of creditors and the home interests of occupiers. While this book seeks to establish the arguments in support of a more coherent concept of home in law, it is important to emphasise that the basic legitimacy of the commercial claims of creditors is not questioned. 90 The argument of this book does not seek to undermine the importance of this interest, but rather to highlight that, while there is little difficulty—either conceptually or in policy terms—with the recognition of such interests in the legal domain, the home interest presents major difficulties, not least because little effort has been made to date to conceptualise this interest within the legal framework.

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Conceptualising Home: Theories, Law And Policies by Lorna Fox


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