The Equity of Exoneration and Figments of the Trustee’s Imagination
Journal article
Morrison, David and Quirk, Patrick Thomas. (2024). The Equity of Exoneration and Figments of the Trustee’s Imagination. Insolvency Law Journal. 31(4), pp. 223-236.
Authors | Morrison, David and Quirk, Patrick Thomas |
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Abstract | The equity of exoneration is an age-old doctrine, originally available to married women, who without recognised legal status, were accorded an equity in circumstances where they charged their own interest in an asset, usually the family home, for the purposes of promoting a business or venture conducted and owned by their husband and where their husband later became bankrupt. This article examines the equity in its current form and the ways that it is typically used today. Whether there is a need for such an equity in most circumstances is a moot point, given the considerable advancement of the legal status of women, and the development of the conduct and financing of business since the 17th century. Recent decisions, nonetheless, support the continued operation of the equity. |
Keywords | Administration of estates; Bankruptcy; Equity; Marital property; Trusts and trustees; Vindication |
Year | 01 Jan 2024 |
Journal | Insolvency Law Journal |
Journal citation | 31 (4), pp. 223-236 |
Publisher | Thomson Reuters (Lawbook Co.) Australia |
ISSN | 1039-3293 |
Web address (URL) | https://search.informit.org/doi/10.3316/informit.t2024031800005501384434787 |
Open access | Published as non-open access |
Research or scholarly | Research |
Page range | 223-236 |
Publisher's version | License All rights reserved File Access Level Controlled |
Output status | Published |
Publication dates | |
01 Feb 2024 | |
Publication process dates | |
Accepted | Jan 2024 |
Deposited | 27 Aug 2024 |
Additional information | © Thomson Reuters, 2024. |
Place of publication | Australia |
https://acuresearchbank.acu.edu.au/item/90x5v/the-equity-of-exoneration-and-figments-of-the-trustee-s-imagination
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