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"It's not me, it's you" - Law's Performance Anxiety over Gender Identity in cohabitation'

Date: 2 December 2009 Time: 1.00 pm

Venue: Bowland North SR 16

Dr Sarah Beresford - Law School Work in Progress seminar



In situations where the legal title to property is in the sole name of one of the parties in a cohabiting couple, an applicant has to establish that they have acquired an interest from either a resulting trust or constructive trust; by way of proprietary estoppel or by way of a successful application under Trusts of Land and Appointment of Trustees Act 1996. In order to succeed, the applicant must demonstrate behaviour of a certain type as only certain types of performative behaviour will constitute the necessary intention. This paper questions the kinds of behaviour which 'count' in establishing a legal interest.

Key words: Gender, Law, Constructive trusts, Judith Butler, Perfomativity, Construction site (of resistance)


Who can attend: Anyone


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Faculty of Arts and Social Sciences
Faculty of Arts and Social Sciences
Lancaster University
Lancaster LA1 4YD
United Kingdom

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