The aim of the essay is to underline the genealogy of proprietary estoppel within the case law of English courts. Moving from Salvatore Patti’s study on tolerance as a legally relevant conduct generating reliance, the analysis traces the development of estoppel from its formal classification in common law to its equitable dimension, where reliance and good faith become decisive. The emergence of proprietary estoppel is read as a turning point in the trajectory of equity, signalling the prevalence of substantive justice over formal requirements in the creation and conveyance of property rights and revealing the redistributive potential of equitable remedies in property relations.
L'albero genealogico del proprietary estoppel
Caggia, Fausto
2025-01-01
Abstract
The aim of the essay is to underline the genealogy of proprietary estoppel within the case law of English courts. Moving from Salvatore Patti’s study on tolerance as a legally relevant conduct generating reliance, the analysis traces the development of estoppel from its formal classification in common law to its equitable dimension, where reliance and good faith become decisive. The emergence of proprietary estoppel is read as a turning point in the trajectory of equity, signalling the prevalence of substantive justice over formal requirements in the creation and conveyance of property rights and revealing the redistributive potential of equitable remedies in property relations.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.


