Download or read book The Law of Tracing in Commercial Transactions written by Magda Raczynska and published by Oxford University Press, USA. This book was released on 2018-02 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A pressing problem often facing commercial practitioners is how to determine the principle which would dictate when a proprietary claim is available and when it is not. This book explains the nature and structure of key interests in property in commercial transactions and analyses the incidence of proprietary claims available to holders of different interests in assets. 0This book is the first to approach the topic of tracing and derived assets in commercial transactions on a principled basis. It subjects an area of little authority and general academic comment to rigorous and detailed analysis. It contains treatment of the relevant case law and discussion of points that have yet to come up in litigation in England and abroad. By way of comparison, it considers salient aspects of the relevant rules under Article 9 of the US Uniform Commercial Code. The book is timely in light of the current debate on the shape of the law reform of secured transactions in England and elsewhere.
Download or read book Law of Tracing in Commercial Transactions written by Raczynska Magda and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A pressing problem often facing commercial practitioners is how to determine the principle which would dictate when a proprietary claim is available and when it is not. This book explains the nature and structure of key interests in property in commercial transactions and analyses the incidence of proprietary claims available to holders of different interests in assets. The book starts by identifying the structure of those interests which the author terms "lesser proprietary interests", comprising security interests and interests based on retention of title in contracts of sale of goods, hire-purchase agreements, and leases, thereby contributing to the understanding of concepts which are traditionally used to explain this area of law such as bailment and fiduciary relationship. Using this framework, the book examines the circumstances in which the interestsare lost and the extent to which proprietary claims can be asserted in assets that derive from the original subject matter, that is proceeds, products and income, as well as in accretions. It examines these claims at three levels: first, as a matter of default rules in the absence of misappropriationof the original subject matter; secondly, as a matter of contract, considering the limits of contractual freedom; and thirdly, in circumstances in which the original subject matter has been misappropriated. This book is the first to approach the topic of tracing and derived assets in commercial transactions on a principled basis. It subjects an area of little authority and general academic comment to rigorous and detailed analysis. It contains treatment of the relevant case law and discussion of points that have yet to come up in litigation in England and abroad. By way of comparison, it considers salient aspects of the relevant rules under Article 9 of the US Uniform Commercial Code. The book istimely in light of the current debate on the shape of the law reform of secured transactions in England and elsewhere.
Download or read book The Law of Tracing written by Lionel D. Smith and published by Clarendon Press. This book was released on 1997-07-24 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of tracing is a complex subject which has struggled to find a home in works on property, equity, commercial law and restitution. Broadly speaking, it addresses the question of when rights held in an asset can be asserted in another asset despite changes in form or attempts to 'launder' the initial asset. Properly understood this area of study is composed of several distinct topics. This book explores all the areas covered by the law of tracing in a degree of detail not previously reached in more general works.
Download or read book Proprietary Interests in Commercial Transactions written by Sarah Worthington and published by Oxford University Press. This book was released on 1996 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Worthington provides a broad overview of personal property law in a commercial context, examining the various devices used by contracting parties and attempting to distil a theoretically rigorous framework to describe the relevant laws.
Download or read book Commercial Law written by Richard William Hill and published by DigiCat. This book was released on 2022-06-02 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: " Commercial Law" by Richard D. Currier is a study about the law in the United States. The Institute standard course of study in "Commercial Law" is not intended to make lawyers, but simply to impart to bankers sufficient knowledge of the law to enable them to act in accordance with established legal principles, and refer doubtful questions to a lawyer. It is not usurping the functions of a lawyer for a banker to know his legal rights and responsibilities. The banker who does not appreciate the importance of this knowledge, eventually learns from experience, sad or otherwise, that he has neglected an important part of the training necessary to carry on his business with safety and confidence. This textbook is based on the splendid work, originally prepared for the Institute, by Samuel Williston, Weld Professor of Law in Harvard Law School. To this original matter, however, much new material has been added, cases have been cited, and new chapters on Master and Servant, Estates and Trusts, Bills and Notes, and Torts and Crimes added.
Download or read book Law of Commercial Transactions written by and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Tracing written by Jordan English and published by . This book was released on 2021-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Law of Tracing determines when one right stands in place of another for the purposes of certain personal or proprietary claims. It is an important part of the law of property and trusts, and the law of remedies. This book aims to provide a comprehensive account of the law of tracing. It offers clear answers to fundamental questions such as "what is tracing" and "does tracing create new rights?", while also explaining in detail the tracing rules and the application of those rules in hard cases. The book provides a complete treatment of the law in Australia and England. In explaining the law, the book also engages with a number of controversies that have arisen as a result of recent cases and academic work. Each issue is analysed from first principles and from authority, making the book a useful tool for anyone advising on cases involving tracing, teaching the law of tracing, or wishing to better understand the subject." --
Download or read book Keeping Pace with Change Fintech and the Evolution of Commercial Law written by International Monetary Fund and published by International Monetary Fund. This book was released on 2022-01-27 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.
Download or read book The Law of Commercial Transactions written by Chijioke C. Ohuruogu and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Claims to Traceable Proceeds written by Aruna Nair and published by Oxford University Press, USA. This book was released on 2018-03-08 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this new book, Aruna Nair sets out her arguments for a re-evaluation of the law of tracing. A new model of the law of tracing is proposed and the book demonstrates how current problems can be solved using this new model. The rules of tracing are not shown not to be pure rules of evidence, aimed at resolving factual uncertainties; rather, they are explained as substantive rules of law, delineating the scope of a defendant's legal responsibility to a claimant. The book draws out the practical implications of this theoretical model, showing how a focus on defendant autonomy and claimant vulnerability can both explain the current state of English law and provide a critical perspective on potential future developments. The first part of the book considers the nature of tracing, providing an overview of the analytical and doctrinal questions raised by the current law, re-framing the dominant 'value' account of tracing, and proposing a new model which can solve problems in the current law. The second part of the book focusses on circumstances in which the tracing remedy is available to a claimant, demonstrating the practical application of such claims to specific problems. Finally, the third part of the book considers how the tracing remedy relates to other private law remedies, and the role it plays within the law of unjust enrichment.
Download or read book Understanding the Sources of Early Modern and Modern Commercial Law written by and published by BRILL. This book was released on 2018-03-06 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions of Understanding the Sources of Early Modern and Modern Commercial Law: Courts, Statutes, Contracts, and Legal Scholarship show the wealth of sources which historians of commercial law use to approach their subject. Depending on the subject, historical research on mercantile law must be ready to open up to different approaches and sources in a truly imaginative and interdisciplinary way. This, more than many other branches of law, has always been largely non-state law. Normative, ‘official’, sources are important in commercial law as well, but other sources are often needed to complement them. The articles of the volume present an excellent assemblage of those sources. Anja Amend-Traut, Albrecht Cordes, Serge Dauchy, Dave De ruysscher, Olivier Descamps, Ricardo Galliano Court, Eberhard Isenmann, Mia Korpiola, Peter Oestmann, Heikki Pihlajamäki, Edouard Richard, Margrit Schulte Beerbühl, Guido Rossi, Bram Van Hofstraeten, Boudewijn Sirks, Alain Wijffels, and Justyna Wubs-Mrozewicz.
Download or read book Making Commercial Law written by Ross Cranston and published by Oxford University Press. This book was released on 1997 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edited by eminent banking law scholar Ross Cranston, this is a collection of essays written in honor of Roy Goode, the Norton Rose Professor of English Law at Oxford and highly esteemed commercial law scholar. The contributors, an international group of distinguished commercial lawyers, address topics including international contracts and sales, credit and security, and commercial arbitration. Making Commercial Law is a truly international collection that will be of great interest to scholars of commercial law worldwide, and to practitioners working in the areas of finance and international banking.
Download or read book Fraud and Risk in Commercial Law written by Paul S Davies and published by Bloomsbury Publishing. This book was released on 2024-08-08 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on contemporary problems related to fraud and risk in commercial law. It has been said by some that we are in a 'golden age of fraud'. In part this has been caused by globalisation, technological changes and the financialisation of business. This has resulted in the creation of automated linkages with integrated supply chains and the creation of systemic risks, which have been exacerbated by new forms of intangible assets like tokens and their ease of movement. While regulation has ebbed and flowed given the desire of governments to generate economic growth, as well as the distrust of their coercive powers, the courts have sought to strike a balance between considerations such as commercial certainty and fairness. The book provides an analysis of key contemporary issues on the theme of fraud and risk in commercial law, including: technology and fraud, secondary liability and 'failure to prevent' economic crime, abuse of business entities, insolvency and creditor protection, injunctions and other orders, cross-border issues, the relationship between regulation and private law, and solutions for policy makers.
Download or read book The Asset Tracing and Recovery Review written by Robert Hunter and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Electronic Commercial Transactions written by Raymond T. Nimmer and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Principles of the Law of Restitution written by Graham Virgo and published by Oxford University Press. This book was released on 2024-07-25 with total page 913 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition of The Principles of the Law of Restitution brings this widely cited and influential volume fully up to date. Substantially rewritten to reflect significant changes in the law of restitution and the expansion in the theoretical and critical commentary on the subject, this book is grounded in its clarity of exposition and analysis. The new edition significantly expands existing chapters on the treatment of the history of unjust enrichment, enrichment, the treatment of legally effective bases for receipt, and compulsion. It further expands existing parts on restitution for wrongs and proprietary restitutionary claims as well as offering completely new chapters dealing with 'at the claimant's expense', 'absence of intent', and the defence of illegality. Focusing primarily on English law, the volume also engages with the law in other common law jurisdictions, notably Australia, Canada, New Zealand, and Singapore. It provides a clear exposition of complex areas of law as well as critical analysis of that law. Timely and comprehensive, this book provides readers with a crucial guide to the law of restitution and will continue to be invaluable to student, academics, and practitioners alike.
Download or read book A Manual of Commercial Law written by Edward W. Spencer and published by Forgotten Books. This book was released on 2017-10-15 with total page 702 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from A Manual of Commercial Law: Containing a Clear, Concise and Logical Exposition, of the Rules Relating to Business, Transactions and the Management of Affairs This work was originally published in 1898. The aim of the author in this, as in former editions, is to state clearly, accurately and in language as free as possible from technicalities, the ele mentary rules and principles of American law with which it seems most important that business men should be familiar, his object being to make an instructive manual and reference work for general readers and men of affairs, and a practical text - book for use in schools and colleges where commercial branches are taught. Though the book has been recognized as standard and has formed the basis of the work of many of the leading com mercial schools and departments throughout the country for many years, the present revision has seemed a practical necessity owing, among other things, to the recent adoption in many states of uniform commercial codes, and to occasional important develop ments and applications of legal rules, or to statutory changes in the law. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
