THE EQUITABLE LIEN REDISCOVERED: A REMEDY FOR THE 21sr CENTURY
نویسنده
چکیده
In recent years the equitable lien has been the subject of increasing interest. This renewed attention has been generated primarily by significant developments in case law and by the inclination of litigants to seek a proprietary remedy in the form of the equitable lien, particularly in bankruptcy and insolvency matters.* 1 However, the equitable lien itself has often remained overshadowed and obscured by the consideration of policy issues, and the coexistence of the common law lien and the constructive trust. Therefore, it is not surprising that there are very few articles which have mapped the evolution of the lien or have been entirely devoted to an analysis of it.2 Yet recent trends suggest that in some
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