By Lorna Fox
Domestic offers the backdrop for our lives, and is frequently the scene or the topic of felony disputes. additionally, in contemporary a long time there was becoming educational curiosity within the which means of domestic, which has brought on empirical experiences and theoretical exploration in a variety 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 felony area, the place the proposition that domestic can encapsulate meanings past the actual constitution of the home, or the capital worth it represents, keeps to give conceptual problems. This publication specializes in the competing pursuits of collectors who lend funds opposed to the protection of the valuables and the occupiers who stay within the estate, within the context of ownership activities. through mapping the idea that of domestic because it has developed in different disciplines opposed to current felony frameworks, Conceptualising domestic examines the chances for constructing a coherent idea of domestic in legislation.
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Extra info for Conceptualising Home: Theories, Law And Policies
C) Fox Ch2 6/11/06 36 11:38 Page 36 Valuing Home: Theories, Laws and Policies may clear one hurdle, only to fall at the next, has distracted attention from the fact that, while the law appears to recognise and value home-type interests in some contexts, the creditor has a range of alternative routes by which to achieve his goals. Ultimately, when the range of actions open to the creditor is viewed in the round, it is apparent that the occupier’s home-type interests are marginalised by the weight attached to the interests of the creditor.
B) Fox Ch1 6/11/06 11:37 Page 29 Conceptualising Home in Context 29 creditor/occupier dispute, one practical question might be whether, when striking a balance between creditors’ rights to security and the occupier’s interest in living in the property as a home, the creditor should be entitled to enforce its proprietary security against the home ‘on demand’ or whether the occupier’s home interest should be taken into account to justify a delay in the enforcement of the creditor’s security interest.
Ibid. 437 HL Deb (5th Series) col 650 (15 December 1982) Lord Templeman. 275 HL Deb (5th Series) col 32 (14 June 1966), Lord Derwent. 63. These issues are considered further in Ch 3. 275 HL Deb (5th Series) col 646 (28 June 1966), Lord Denning. (B) Fox Ch1 6/11/06 22 11:37 Page 22 Valuing Home: Theories, Laws and Policies from this post-modernist House of Lords’, specifically their Lordships’ assumptions regarding the weight that must be attached to creditors’ interests. 63 Gardner concluded that: ‘[t]heir Lordships presumably know why the change of policy is to the good.