Principles of International Financial Law 3rd Edition by Colin Bamford – Ebook PDF Instant Download/Delivery: 0198832702, 978-0198832706
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ISBN 10: 0198832702
ISBN 13: 978-0198832706
Author: Colin Bamford
This book explains the legal principles, rules, concepts, and developments that underpin the practice of financial law in common law countries, and by extension across the world.
One of the aims of the book is to explain clearly the basis of the concepts applied by the common law to financial transactions. As part of this aim the third edition analyses in detail the interface between common-law and civil law approaches in areas such as the distinction between property and personal rights. The section on the ability of States to control the use of their money has also been substantially rewritten to address increasing demands in the US that sanctioned persons and states should be denied access to the US monetary system, recording both the increased incidence of activity by the US authorities, and also explaining in more detail the rationale of these actions.
Since the last edition was written there have been a number of developments in the technology used in the financial markets that question the legal principles on which they operate. In particular, the impact of Distributed Ledger Technology (e.g. Blockchain) on the transfer of intangible assets and the effect on the rights of parties involved is considered from both a legal and practical position. Additionally, the legal implications of the use of cryptocurrencies, including their use as Initial Coin Offerings, are also considered.
This is an essential work for both experienced lawyers and those who are relatively new to international financial law. It provides the more experienced lawyer with an aide memoire on the existing law and a reference source for new ideas when tackling innovative structures or products. For those new to practice or postgraduate students this book delivers a firm foundation upon which to build knowledge of the law and practice of financial law.
Principles of International Financial Law 3rd Table of contents:
1 Introduction
The Special Position of Financial Law
The Choice of Topics
2 Money
The Importance of Understanding Money
The Nature of Money
The Statutory Treatment of Money
Money in the Courts
The European Single Currency
The Ability of States to Control the Use of Their Money
3 Payment
Payment as the Discharge of an Obligation to Pay Money
Payment as the Transmission of Money
New Payment Technologies
4 Personal and Property Rights
The Importance of the Distinction
The Nature of the Distinction
The Distinction in Practice
Multiple Ownership
Structuring Security Arrangements
5 Intangibles as Property
Choses in Action and Choses in Possession
Things which are Choses in Action
The Nature of a Chose in Action
Dealings with Choses in Action
Hybrid Rights
6 The Legal Nature of the International Bond Market
Introduction
The Bond Market Pre-History
Post-World War II
Immobilization and the Modern Era
Legal Analysis of Bond Structures
Dematerialization
7 Fiduciary Duties and How They Arise
The Perceived Risk
The Fiduciary Relationship
The Existence of a Fiduciary Relationship
The Nature of Fiduciary Duties
Summary
8 Fiduciary Duties in Financial Markets
Introduction
Fiduciary Duties in Commercial Transactions
Fiduciary Duties in Financial Transactions
Regulatory Rules for Retail Customers
9 Credit Support in Financial Markets
Multiple Obligors
Contracts of Suretyship
‘Almost Guarantees’ and Comfort Letters
Commercial Credit Support
Subordination
10 Security Interests
Reasons for Taking Security
Terminology
Registration
Kinds of Security
Reverse Security
11 The Construction of Financial Contracts
The Meaning of Contracts
The Common Law and Civil Law Approaches
The Difference between Meaning and Effect
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