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Dalhuisen J: Dalhuisen on Transnational
and Comparative Commercial, Financial an

Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 4

Transnational Movable Property Law

Part I: Ownership, Possession and Limited, Future, Conditional or Temporary and Beneficial Proprietary Rights in Chattels and Intangible Assets 1. Introduction 2. The Types of Proprietary Rights and their Defence in Civil Law 3. The Types of Proprietary Rights in Common Law: The Practical Differences from Civil Law. Modern Functional Approaches 4. Transfer of Proprietary Rights in Chattels in Civil and Common Law 5. Proprietary Rights in Intangible Assets in Civil and Common Law 6. Trusts. Constructive and Resulting Trusts, Tracking and Tracing. Agency. The Civil Law Response 7. Secured Transactions and Conditional or Finance Sales. Floating Charges 8. Private International Law Aspects of Chattels 9. Private International Law Aspects of Assignments 10. The Modern Law of Chattels and Intangibles 11. The European DCFR 12. Uniform or Harmonised Statutory or Treaty Law. The Alternative of Transnationalisation and the Need for and Emergence of a Dynamic Movable Property Law Part 2: Negotiable Documents of Title and Negotiable Instruments 1. The Role of Documents 2. Negotiable Instruments 3. The Dematerialisation of Documents of Title and Negotiable Instruments; Electronic Transfers Part 3: Investment Securities 1. The Different Types of Shares and Bonds 2. The Transnationalisation of Custodial and Settlement Systems and its Opportunities

This book explores the historical, comparative and global dimensions of the constitutional phenomenon. From the origins of constitutionalism to the diverse trajectories of North American and European constitutionalism, the book considers pivotal moments in the emergence and evolution of formal Constitutions as the main structure of constitutional governance. It presents a critical inquiry into the realities that lie beneath the surface of formal constitutional documents. From the struggles for democratic governance in Latin America to Asia's delicate balance between tradition and modernity and Africa's post-colonial arrangements, the book poses a critical query: amidst the promises of democratic ideals, do formal Constitutions always translate into effective governance? What are the lessons of 'facade' Constitutions on the tension between formal documents and the realities of governance? The book explores the past and present of constitutional governance in the first quarter of the 21st century and offers insights on the future of constitutionalism. By assessing the normative quality of Constitutions and exploring the intrinsic link between them and representation, it offers an understanding of the essence and trajectories of constitutional thought and practice. The Rise of Constitutionalism is a must-read for anyone fascinated by the enduring legacy and evolving nature of the constitutional phenomenon.

A Global Perspective

The Rise of Constitutionalism

Code of Federal Regulations, Title 26 Internal Revenue

Code of Federal Regulations, Title 26 Internal Rev 1.1551-END, Revised as of January 2025

This book looks at how the law allows donors to establish perpetual charitable trusts, bearing the donor's name, and how it rewards and encourages the pursuit of post-mortem identity. It considers the policy questions raised by post-mortem identity. The law in this area is often complex and uncertain, and that legal unpredictably might deter donors from giving. Attention to post-mortem identity suggests that the law should be made as reliable and predictable as possible. This book theorises the motivation for post-mortem identity and works through its legal implications. It considers the even deeper questions in play and the particular problems which surround post-mortem identity. For example, a donor motivated by the prospect of legal immortality might be led towards bad charity. The donor might try to create a vain or prejudiced organisation. The book looks at the context of these issues, the policy challenges faced by the law, and the way in which the rules need to control and limit the donor's wishes.

This book looks at how the law allows donors to establish perpetual charitable trusts, bearing the donor’s name, and how it rewards and encourages the pursuit of post-mortem identity.

It considers the policy questions raised by post-mortem identity. The law in this area is often complex and uncertain, and that legal unpredictably might deter donors from giving. Attention to post-mortem identity suggests that the law should be made as reliable and predictable as possible. This book theorises the motivation for post-mortem identity and works through its legal implications.

It considers the even deeper questions in play and the particular problems which surround post-mortem identity. For example, a donor motivated by the prospect of legal immortality might be led towards bad charity. The donor might try to create a vain or prejudiced organisation. The book looks at the context of these issues, the policy challenges faced by the law, and the way in which the rules need to control and limit the donor’s wishes.

Charity Law and Post-mortem Identity

This book explores the foundations of the principle of altruism and its relationship to the criminal law, examining the contrasting justifications for the duty of easy rescue and the duty of tolerance, both of which are based on altruism. Since the days of Lord Macaulay and James FitzJames Stephen, it has been said that English law does not usually punish omissions, and that altruistic duties are incompatible with the spirit of the common law. This book aims to show that this is not an accurate description of English criminal law, and that there is a strong case to be made for the opposite understanding, based on principles advanced by authors such as Adam Smith, Jeremy Bentham, John Stuart Mill and others. By analysing the duty of easy rescue - which imposes on individuals a duty to take steps to rescue a person in danger if this can be done without risk to the rescuer, or at least a duty to call the emergency services - and by comparing it with the well-known duties arising in cases of extreme necessity, it can be shown that altruism has plenty to say in different parts of the criminal law. Having established the case for criminalising the failure to provide a simple rescue, a detailed analysis is made of the form that this criminalisation should take, bearing in mind the basic principles of English law and considering the strengths and weaknesses of the duty of easy rescue as it is formulated in various continental systems, including the German, French, Spanish and Italian criminal codes.

Duties of Rescue and Tolerance

Altruism and the Criminal Law

This book explores the evolving role of EU State aid in an era defined by recurring crises and rapid policy shifts. Once a tool narrowly focused on correcting market failures, State aid now drives industrial strategy and resilience across the European Union. The book examines key developments in CJEU jurisprudence and European Commission practice, including the application of the Market Economy Investor Principle and the Altmark test. It analyses how State aid has responded to major challenges such as the COVID-19 pandemic, Russia's invasion of Ukraine, and the green transition, highlighting the impact of temporary frameworks and unprecedented regulatory flexibility. Drawing on detailed case studies from selected Member States, it identifies trends in aid design, notification, and allocation, offering insights into how national strategies intersect with EU rules. With a focus on legal and policy innovation, the book provides a timely and authoritative account of State aid's transformation. Essential reading for academics, practitioners, policymakers, and students, this book delivers a comprehensive understanding of how EU State aid is adapting to a turbulent geopolitical and economic landscape.

Correcting Market Failures and Building Resilience

Redefining EU State Aid Policy

Hart Studies in Commercial and Financial Law

This book provides a commentary on the Markets in Crypto-Assets Regulation (MiCAR), a game-changing EU regulation for crypto-assets and crypto-asset services. Directly applicable in all EU Member States, MiCAR serves as a benchmark for future regulation in other jurisdictions, influencing rulemaking and crypto industry around the world. In this book, leading experts in the fields of financial law, regulation and technology examine the goals, rules and operation of MiCAR. The book explores its provisions in the broader context of current market practices, technological developments, existing financial law instruments (eg MiFID II, Prospectus Regulation, Crowdfunding Regulation and Market Abuse Regulation), court cases (eg the bankruptcies of FTX and Celsius), regulatory initiatives in the USA and the UK, as well as soft law instruments. The book is designed for anyone dealing with crypto-assets or considering entering the crypto space. This includes representatives from legal and business communities, both incumbent (banks, investment firms, investment funds) and new market players (crypto exchanges, wallet service providers, issuers of stablecoins), supervisory authorities, students and academics. The reader will gain a deep understanding of the scope and structure of MiCAR, key terms used in it, its rationale, and the main rules for issuers of crypto-assets, crypto-asset service providers and crypto-asset services.

Law and Technology

Markets in Crypto-Assets Regulation

This book discusses some of the most important issues facing administrative law and related doctrines. Leading public law scholars from across the common law world have contributed chapters to recognise the exceptional scholarship and career of Matthew Groves, Distinguished Professor at Deakin University, Australia. Over the last century, the power of the administrative state has grown immensely and the scope of administrative law as a field of inquiry has grown with it. This collection of essays provides an up-to-date analysis of some of the most important issues in administrative law in the 2020s, including: access to justice issues; the role, purpose and future of ombuds institutions and tribunals; government liability within and beyond judicial review; integrity bodies; 'lawfare'; the role of policies in government decisionmaking; and the tension between military and civilian systems of justice. These topics have been central to the work and career of Matthew Groves. Readers interested in public law - whether practitioners, researchers or students - will discover a wealth of engaging and thought-provoking considerations of the most topical current issues in administrative law by a selection of prominent academics.

Essays in Honour of Matthew Groves

Controlling the Administrative State

This groundbreaking book explores the dynamic intersections between religion as a cultural-theological construct and intellectual property as the legal framework governing creativity and innovation. Featuring contributions from over 30 leading scholars, the book examines how IP law regulates religious subject matter-sacred symbols, texts, music-and how religious traditions shape and are shaped by contemporary issues in IP law. From Islamic perspectives on trademark law to Jewish analyses of copyright and Confucian views on IP law, the book provides a multicultural lens on the interplay between faith, law, and commerce. A critical resource for IP scholars, ethnographers, theologians, and policymakers, this book offers fresh insights into the global and interdisciplinary dimensions of intellectual property, enriching both academic discourse and practice.

Cross-Cultural Intersections of Faith and Law

Intellectual Property and Religion

Hart Studies in Comparative Public Law

Theory, Practice and Problems

Automation in Governance

"Any Will drafter should have this book in their arsenal." - Law Skills (of a previous edition) This book contains a comprehensive collection of precedents supplied as an electronic download, including a variety of precedents for individual clauses as well as a set of complete wills catering for different scenarios. The emphasis of the approach is on clarity, practicality and simplicity, so you can quickly draft legally sound wills for a variety of circumstances. The book includes notes and guidance on drafting, and additional materials, letters, support materials and extracts from relevant legislation. Recommended by the Institute of Professional Willwriters, Parker's Will Precedents is a well-established and highly regarded publication, renowned for its clarity of drafting. Parker's Will Precedents is also available as a standalone online service, available through Bloomsbury Professional Online.

Parker’s Will Precedents

Institutionalisations, Regulation, Governance

Global Value Chains and the Law

This volume is the first in-depth collection to explore the impact of language on the field of comparative constitutional law. It addresses the epistemological and conceptual implications of English as the lingua franca. In this regard, it considers the global influence of Anglophone jurisdictions in orienting the discourse through the identification of concepts, designs and ideas that warrant engagement and exploration outside of those origin jurisdictions. In doing so, the book underscores that language is not a neutral device but can produce hegemonic pressures and expectations. It further makes the role of language in conducting comparative constitutional law explicit, so that its users can be more deliberate in their selection of foreign materials and are made conscious of the limitations of their findings due to language barriers. The book calls for a reckoning with the rich constitutional vocabulary that non-Anglophone jurisdictions have to offer to ensure a more holistic approach to the creation of knowledge. It also emphasises the need for the contextualised study of constitutional phenomena to appreciate how these are shaped by linguistic choices. In addition to raising awareness about language's significance as an epistemological, conceptual and methodological device, the volume also puts forward constructive tools and techniques to harness language's potential, making it an indispensable resource for scholars, students, lawmakers and judges.

Questioning Hegemonies

The Language of Comparative Constitutional Law

Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 4

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