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The Law of Tracing in Commercial Transactions

The Law of Tracing in Commercial Transactions PDF Author: Magda Raczynska
Publisher: Oxford University Press, USA
ISBN: 9780198796138
Category : Law
Languages : en
Pages : 304

Book Description
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.

The Law of Tracing in Commercial Transactions

The Law of Tracing in Commercial Transactions PDF Author: Magda Raczynska
Publisher: Oxford University Press, USA
ISBN: 9780198796138
Category : Law
Languages : en
Pages : 304

Book Description
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.

Law of Tracing in Commercial Transactions

Law of Tracing in Commercial Transactions PDF Author: Raczynska Magda
Publisher:
ISBN: 9780192521859
Category :
Languages : en
Pages :

Book Description
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.

The Law of Tracing

The Law of Tracing PDF Author: Lionel D. Smith
Publisher: Clarendon Press
ISBN: 0191587036
Category : Law
Languages : en
Pages : 396

Book Description
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.

Proprietary Interests in Commercial Transactions

Proprietary Interests in Commercial Transactions PDF Author: Sarah Worthington
Publisher: Oxford University Press
ISBN: 9780198262756
Category : Law
Languages : en
Pages : 270

Book Description
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.

Making Commercial Law

Making Commercial Law PDF Author: Royston Miles Goode
Publisher: Oxford University Press
ISBN: 9780198260813
Category : Law
Languages : en
Pages : 592

Book Description
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.

Equity and Trusts Law Directions

Equity and Trusts Law Directions PDF Author: Gary Watt
Publisher: Oxford University Press
ISBN: 019886938X
Category : Equity
Languages : en
Pages : 560

Book Description
A considered balance of depth, detail, context, and critique, Equity & Trusts Law Directions offers the most student-friendly guide to the subject; empowering students to evaluate the law, understand its practical application, and approach assessments with confidence.

The World of Maritime and Commercial Law

The World of Maritime and Commercial Law PDF Author: Charles Mitchell
Publisher: Bloomsbury Publishing
ISBN: 1509932402
Category : Law
Languages : en
Pages : 384

Book Description
This collection of 20 essays contains recent work by legal scholars, practitioners and judges, all internationally renowned for their expertise in the fields of maritime and commercial law. For maritime lawyers, the book contains absorbing and important studies of the law governing maritime collisions, carriage of goods by sea (examining the meaning of 'actual carriage' in the Hamburg Rules, and the complex web of rules that governs multimodal carriage), and marine insurance (discussing the history of the doctrine of utmost good faith, and jurisdiction clauses in cargo policies). In the area of private international law, there are chapters on the choice of law rules affecting the ownership of ships, and on recent cases where conflict of laws issues have been decided by the Privy Council. For generalist commercial lawyers, there is a wealth of scholarship on the Sale of Goods Act 1979, its provisions and scope, and on the rules of contractual interpretation, their history, content and application in commercial settings. In addition, there are chapters on negotiating damages for breach of contract, illegality, tracing misapplied funds, the application of private law rules to disputes about cryptocurrencies and developments in the law of directors' duties. Taken as a whole, the essays in this collection stand out for their breadth of scholarship, analytical power, depth of understanding, and penetrating insights even into the knottiest problems of maritime and commercial law. They are essential reading for every maritime and commercial lawyer and a fitting tribute to a scholar who has led the way in both fields for many decades.

Secured Transactions Law Reform

Secured Transactions Law Reform PDF Author: Louise Gullifer
Publisher: Bloomsbury Publishing
ISBN: 1509903127
Category : Law
Languages : en
Pages : 600

Book Description
Secured transactions law has been subjected to a close scrutiny over the last two decades. One of the main reasons for this is the importance of availability of credit and the consequent need to reform collateral laws in order to improve access to finance. The ability to give security effectively influences not only the cost of credit but also, in some cases, whether credit will be available at all. This requires rules that are transparent and readily accessible to non-lawyers as well as rules that recognise the needs of small and medium-sized enterprises. This book critically engages with the challenges posed by inefficient secured credit laws. It offers a comparative analysis of the reasons and the needs for a secured transactions law reform, as well as discussion of the steps taken in many common law, civil law and mixed law jurisdictions. The book, written under the auspices of the Secured Transactions Law Reform Project, informs the debate about reform and advances novel arguments written by world renowned experts that will build upon the existing literature, and as such will be of interest to academics, legal practitioners and the judiciary involved in secured transactions law around the world. The text considers reform initiatives that have taken place up to the end of April 2016. It has not been possible to incorporate events since then into the discussion. However, notable developments include the banks decree passed by the Italian Government on 29th June 2016, and the adoption of the Model Law on Secured Transactions by UNCITRAL on 1st July 2016.

The Law of Trusts and Equitable Obligations

The Law of Trusts and Equitable Obligations PDF Author: Robert Pearce
Publisher: Oxford University Press
ISBN: 0199570639
Category : Law
Languages : en
Pages : 1072

Book Description
The Law of Trusts and Equitable Obligations provides students wtih a detailed and stimulating account of the law of equity and trusts. The fifth edition has been thoroughly updated by Warren Barr, senior lecturer at the University of Liverpool and Law Teacher of the Year 2006 in collaboration with Robert Pearce and John Stevens.

The Principles of Equity and Trusts

The Principles of Equity and Trusts PDF Author: Graham Virgo
Publisher:
ISBN: 0198854153
Category :
Languages : en
Pages : 776

Book Description
The Principles of Equity and Trusts offers a refreshing, student-focused approach to a dynamic area of law. In the fourth edition of his best-selling textbook, Professor Graham Virgo brings his expertise as a teacher to deliver an engaging, contextual account of the essential principles oftrusts and their equitable remedies.Virgo states the law in plain terms before building on an area of debate and encouraging students to fully engage with the inherent issues within the subject. Concise and authoritative analysis enables students to grasp the principles of trusts, develop the confidence to engage fully with thesubject area, and excel in their studies.Virgo approaches the topics with unparalleled clarity and provides the academic rigour for which this text has come to be relied upon. Combining expert knowledge and comprehensive coverage, The Principles of Equity and Trusts is the ideal companion to a course in trusts.Online resourcesThe textbook is accompanied by extensive online resources aimed at supporting and enhancing student's knowledge of the topics learned within the book. This includes self-test and scenario-style questions, videos from the author, web links to key cases, articles and statutory materials, andflowcharts and diagrams exploring legal concepts. There will also be updates to changes in the law that explore key developments in the subject area.