4 resultados para Abbott, Jim

em Greenwich Academic Literature Archive - UK


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In this paper I identify and discuss some themes in the thought of Nietzsche and Bergson respectively as these bear upon the wider project to which the paper contributes – the articulation of a philosophical naturalism which offers a non-reductive account of the origin and nature of religion on the basis that the real is 'religious' in essence. Implicitly, an alternative is thereby proposed to the approaches and presuppositions of the 'theological turn' perspective within contemporary 'continental philosophy of religion'. [PROVIDED BY THE AUTHOR]

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Reviews the approach adopted in Stack v Dowden to determination of beneficial interests in a property purchased in the joint names of cohabitees. Considers two cases which extended the Stack v Dowden approach to encompass the beneficial entitlement of family members, namely: (1) Adekunle v Ritchie on beneficial entitlement in a property jointly purchased by a mother and son, where the transfer document contained no express declaration of trust; and (2) Abbott v Abbott on the impact of a wife's indirect financial contributions in determining her beneficial entitlement in the matrimonial home.

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Reviews the guidance given by the House of Lords in Stack v Dowden on quantifying the beneficial interests of cohabiting parties in their former family home when one party seeks to rebut the presumption of joint beneficial ownership. Comments on the subsequent application of the principles by the county court in Adekunle v Ritchie and by the Privy Council in Abbott v Abbott, highlighting the approaches used to establish an equitable interest and to quantify the parties' shares in the properties. Considers whether statutory intervention is now needed to resolve the difficulties. [From Legal Journals Index]