Tracing (law)
Tracing is a legal process, not a remedy, by which a claimant demonstrates what has happened to his/her property, identifies its proceeds and those persons who have handled or received them, and asks the court to award a proprietary claim against the property, or an asset substituted for the original property or its proceeds. Tracing allows transmission of legal claims from the original assets to either the proceeds of sale of the assets or new substituted assets.
Tracing ordinarily facilitates an equitable remedy, and is subject to the usual limitations and bars on equitable remedies in common law countries. In many common law countries, there are two concurrent processes, tracing at common law and tracing in equity. However, because the right to trace at common law is so circumscribed, the equitable process is almost universally relied upon, as equitable tracing can be performed into a mixed fund.
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Famous quotes containing the word tracing:
“Our life is a faint tracing on the surface of mystery, like the idle, curved tunnels of leaf miners on the face of a leaf. We must somehow take a wider view, look at the whole landscape, really see it, and describe what’s going on here. Then we can at least wail the right question into the swaddling band of darkness, or, if it comes to that, choir the proper praise.”
—Annie Dillard (b. 1945)