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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

Hart Studies in Private Law

This book provides a comprehensive study of two parallel notions of civil and common law: cause and consideration. It does this in three ways; with historical, comparative, and functional perspectives. Aspects of cause and consideration are hotly contested by contract lawyers and this book will bring clarity by looking at the English and Continental positions. Key areas of focus include: enforceability, questions of legality and morality, contractual justice, and the correction of unjustified property displacements. Bringing together a team of experts, the book discusses (in some cases for the first time in English) complex questions of both academic and practical importance.

Exploring the Foundations of Contract Law

Cause and Consideration

Trusts and Estates Law Handbook brings together up to date texts of annotated and amended legislation for the trust practitioner. Each Act has been fully annotated with commentary which helps to provide a foundation for further research. The fourth edition has been fully updated to include: - The Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011, and the introduction of clarification of the effect of disclaimers and forfeiture - The Inheritance and Trustees' Powers Act 2014 and the statutory powers of advancement and maintenance that were enhanced by this - The provisions for the virtual attestation of will that were introduced to the Wills Act 1837 during the Covid-19 Pandemic - New regimes for perpetuities and accumulations, and apportionment that were introduced by the Perpetuities and Accumulations Act 2009 and the Trusts (Capital and Income) Act 2013 respectively - The Presumption of Death Act 2013 - Important cases, including Marley v Rawlings [2014] UKSC 2, Akers v Samba [2017] UKSC 6 and Ilott v Mitson [2017] UKSC 17

Trusts and Estates Law Handbook

Freedom of contract is a fundamental principle of European Union law, a necessary condition for exercising the freedom to choose an occupation and the freedom to conduct a business. Since the global financial crisis, a vast body of regulatory rules has been developed, and freedom of contract of banks and other financial institutions is being restricted, often to protect the weaker party or achieve public policy goals. Freedom of Contract in the European Financial Sector provides a robust analysis of freedom of contract and its restrictions in the European financial sector. Covering EU financial supervision law, general EU law, contract law, and consumer law, this book examines how the interplay between freedom of contract and the protection of the weaker party and the promotion of other public interests impacts banks and other financial institutions. Timely and thought-provoking, this book explores fundamental legal principles and their practical implications that will be highly relevant to scholars and practitioners not only in the EU, but also in the UK, the US, Switzerland, Singapore, and Hong Kong.

Freedom of Contract in the European Financial Sector

Hart Studies in European Criminal Law

Harmful AI-generated Content between Criminal Law and Digital Regulation

Addressing Deepfakes

A Theory for International Commercial Contract Law

Essays in Honour of Simon Whittaker

Comparative Reflections in Private Law

Harnessing Open Source Evidence in Kenya

Accountability for Human Rights Violations

Anthem Environment and Sustainability Initiative

This book considers the value of constitutional environmental rights in protecting water resources through an examination of the legal strategies utilized by communities engaged in protracted mining conflicts, including oil sands development in the Canadian boreal forest and gold mining in ecologically sensitive, glacier-rich areas of Argentina.

Water, Oil and Gold

The Power of Constitutional Rights in Resource Conflicts

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

The Rule of Law in Context

Power of Rulers, Power of Rules: Russia’s Legal Dualism in Action

The Rule of Law in Russia

Practical Insights

An Exploration of the SARFAESI Act

Landmark Cases

From Van Gend en Loos and Costa v ENEL to Cassis de Dijon and Consten and Grundig, Landmark Cases in EU Law explores the most important and well-known EU law cases in two volumes. These volumes show how the European Court of Justice has played a fundamental role in the construction of the European Union in the past 70 years. Many EU 'landmark' cases have been controversial, yet no-one can deny that they have been essential in defining the Union legal order as we find it today. Volume 2 explores the 'substantive' cases that have shaped the Union's internal market, its competition law as well as its internal and external policies. Each of the twenty cases within this volume is placed in its historical and doctrinal context, and each chapter also presents the history of its reception by the Court and academia.

Substantive Cases

Landmark Cases in EU Law, Volume 2

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

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