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Smith Marcus: Smith on The Law of
Assignment

Smith on The Law of Assignment

Homes are in demand: Don't sell yours for less than it's worth! The U.S. housing market offers solid possibilities for selling one's home at a profit. But what should you do first--or at all? Renovate or remodel? Call an agent? Wait for peak selling season? Selling Your House: Nolo's Essential Guide gives you useful tools for strategizing and preparing, selecting the strongest offer, and closing the deal, including: <ul> <li>making your property look its best</li> <li>determining the right sale price and time</li> <li>working with agents</li> <li>choosing among buyers' bids, and</li> <li>negotiating the contract.</li> </ul> Arrange a quick and successful home sale with this all-in-one guide.

Nolo's Essential Guide

Selling Your House

Cut Through the Myths, Claims, and Online Noise-Understand Land Patents With Clarity, Not Confusion
Have you heard bold claims about land patents "overriding" modern property law and don't know what's actually true?
Do online forums and videos leave you more confused-unsure what applies to real homeowners versus historical theory?
Do you want a clear, practical explanation without legal jargon, fear-based messaging, or guesswork?


You're not alone. Land patents are often surrounded by misinformation, exaggerated promises, and incomplete explanations that make it hard to separate fact from fiction. Homeowners end up anxious, misinformed, or afraid of making costly mistakes based on bad advice.


That's why Land Patent Guide gives you a calm, practical, plain-English breakdown of what land patents really are, how they function within modern property law, and how to evaluate their relevance responsibly-without hype or legal confusion.


Here's what's in this book:


¿ How land patents actually originated and what they legally represent
¿ How modern property ownership relates to historical land grants
¿ How to evaluate common claims you see online-without falling for myths
¿ How to understand legal terminology without needing a law degree
¿ How to assess relevance to your own property situation responsibly
¿ How to think clearly about land patents before taking any action


Even if you feel overwhelmed by legal language or conflicting opinions...
...you'll follow a structured explanation designed to replace uncertainty with understanding-so you can make informed decisions without pressure or fear.


All that remains is to read the book to finally understand land patents with clarity, context, and confidence.

A Practical Guide to Understanding What Land Patents Really Are, How They Relate to Modern Property Law, and How Homeowners Can Evaluate Their Relevance Without Legal Guesswork

Land Patent Guide

Studies in Private International Law

This book examines the convergences, divergences and reciprocal lessons that the BRICS countries (Brazil, Russia, India, China and South Africa)share with one another in developing the principles of private international law.


The chapters provide a thematic understanding of the cornerstones of private international law in each of the BRICS countries: namely, (1) the procedure to initiate claims in civil and commercial matters, (2) the law that would govern such matters in litigation and arbitration, as well as (3) the mechanism to recognise and enforce foreign judgments and arbitral awards.


Written by leading private international law scholars and practitioners, the chapters draw on domestic legislation and its interpretation through cases decided by the courts in each of these emerging economies, and explicitly cover the rules applicable in contractual and non-contractual concerns and issues of choice of court agreements. Issues around marriage, divorce, matrimonial property, succession and surrogacy are also addressed, considering the implication of such aspects through the increased movement of persons.


The book is a useful comparative resource for the governments of the BRICS countries, legislators, traders, academics, researchers and students looking for an in-depth discussion of the reciprocal lessons that these countries may have to offer one another on these issues.

Convergence, Divergence and Reciprocal Lessons

Private International Law in BRICS

Reconstructing the Global Framework for Housing Finance

Transnational Mortgage Law

This book provides an in-depth legal examination of limited partnership in the context of China's venture capital and private equity market. It aims to provide an authoritative and timely evaluation of the Chinese partnership law and limited partnership regime and will be a valuable tool for practitioners who need a readily available source of information on Chinese partnership law and those who wish to understand how the Chinese partnership regime operates and functions. The book explains the essential characteristics of Chinese partnership law and Chinese limited partnership, highlighting difficult and developing areas by examining relevant legislation and recent cases. In addition to Chinese authorities, it also covers legislation and cases from overseas jurisdictions, such as the UK and the US. New developments such as the amendments to the PRC Partnership Enterprise Law 2007, new legislation and regulations on foreign partnerships and private equity funds are also covered. The book explains the essential areas of Chinese limited partnership such as management and control, duties and liabilities of partners, remedies for limited partners, dissolution, liquidation and taxation. Based on thorough comparative and empirical studies, the book examines existing and potential legal problems under the current law and offers key proposals for practitioners and lawmakers. The empirical problems identified in the book may also guide subsequent discussion and legislation on the limited partnership model and the ongoing debate on new business vehicles.

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This book provides an in-depth legal examination of limited partnership in the context of China’s venture capital and private equity market. It aims to provide an authoritative and timely evaluation of the Chinese partnership law and limited partnership regime and will be a valuable tool for practitioners who need a readily available source of information on Chinese partnership law and those who wish to understand how the Chinese partnership regime operates and functions. The book explains the essential characteristics of Chinese partnership law and Chinese limited partnership, highlighting difficult and developing areas by examining relevant legislation and recent cases. In addition to Chinese authorities, it also covers legislation and cases from overseas jurisdictions, such as the UK and the US. New developments such as the amendments to the PRC Partnership Enterprise Law 2007, new legislation and regulations on foreign partnerships and private equity funds are also covered. The book explains the essential areas of Chinese limited partnership such as management and control, duties and liabilities of partners, remedies for limited partners, dissolution, liquidation and taxation. Based on thorough comparative and empirical studies, the book examines existing and potential legal problems under the current law and offers key proposals for practitioners and lawmakers. The empirical problems identified in the book may also guide subsequent discussion and legislation on the limited partnership model and the ongoing debate on new business vehicles.

Legal Perspectives on Venture Capital and Private Equity

The Limited Partnership in China

This book explores the use of Third-Party Funding in Investor-State Dispute Settlement, a transformative yet controversial instrument that implicates procedural fairness, commodification of justice, public interest and state sovereignty in investment law. It will be useful to researchers of international arbitration and investment law.

Third-Party Funding in International Investment Law

Diverse Voices in Intellectual Property Law

English law of sale of goods is an important area of commercial law, occupying a central place in the UK law schools curricula as well as in legal practice. Now in its fifth edition, The Sale of Goods offers a systematic and rigorous study of the law of sale of goods with reference to UK and Commonwealth authorities and relevant UK and, although of diminishing importance, EU legislation. Fully updated with the most recent case law, this book examines the relationship between statute (the Sale of Goods Act 1979) and the underlying common law, as well as the connection between contract and property law. The passing of property from seller to buyer is discussed, alongside mistake, frustration, and risk. Performance issues, including delivery and payment, are addressed in depth, as are the implied terms of description, satisfactory quality, and fitness for purpose. Breach and termination are explored through the lens of conditions, warranties, innominate terms, and repudiation, with detailed discussion of the buyer's right to reject goods and its loss through acceptance. Misrepresentation and exclusion clauses also come in for detailed discussion. The book concludes with a comprehensive treatment of remedies, including the seller's real rights over goods in cases of non-payment, actions for debt and specific performance, and damages for non-acceptance, non-delivery, late delivery, and the delivery of non-conforming goods. Significant important cases include: damages; contractual certainty; specific performance; cryptoassets and coins; gambling chips; cancellation clauses; conditions precedent; passing of property; insurable interest; frustration; change of position; right to sell; contract quantity; waiver; delivery; innominate terms; divisible contracts; deposits and advance payments; time of essence; fitness for purpose; description; fraud; misrepresentation; express warranty; consumer safety; exclusion clauses; affirmation; termination; repudiation; rejection; interest; failure of consideration; market damages; mitigation of damages. Statutory developments include: Digital, Markets, Competition and Consumers Act 2024; Electronic Documents Act 2023; and post-Brexit modification of EU-inspired legislation.

The Sale of Goods

IP scholars are not familiar with criminal law, nor are criminal law scholars familiar with IP law; Criminal Enforcement of Intellectual Property in Asia: Sources, Significance, and Side-Effects delves into this no man's land. It identifies and addresses the use (or overuse) of criminal punishment for protecting IP rights, a long-overlooked aspect of IP law that is shaping and distorting the IP landscape in Asia. This is in stark contrast to leading Western jurisdictions, whose criminal punishment of IP infringement, while provided for, is rarely enforced. The overarching theme of this book is to critically review the rationale, legitimacy, and effectiveness of criminalizing IP infringement; assess its significance; expose its consequences; and propose suggestions for reform. The volume is divided into five parts. It starts with criminological discussion of IP crimes, followed by five chapters that study the sources and models of criminal punishment of IP infringement, namely international treaties, the US, UK, Germany, and the EU. It then surveys six major civil-law Asian jurisdictions (Japan, Taiwan, Korea, China, Thailand, and Vietnam) and four major common-law Asian jurisdictions (India, Malaysia, Hong Kong, and Singapore). These studies have been organized according to the chronological order in which each jurisdiction introduced criminal punishment of IP infringement, with each chapter following a common structure. The volume concludes with a comparative study, policy analysis, including rethinking the criminal sanctions against the background of generative AI and the evolution of IP, and reform suggestions for leading IP jurisdictions, Asian jurisdictions, and the WTO community. Comprehensive and timely, Criminal Enforcement of Intellectual Property in Asia provides readers in Asia and beyond with valuable insights into why and how different regimes use criminal sanctions, their significance, and side-effects in an era shaped by rapid technological developments such as generative AI.

Sources, Significance, and Side-Effects

Criminal Intellectual Property Enforcement in Asia

American Real Estate Society Book Series

Commercial Real Estate Analysis for Investment, Finance and Development, a fully revised fourth edition of the authors' leading textbook, presents the foundations of real estate investment analysis with the rigor of general finance and economics. This book introduces the essential building blocks of the field: market assumptions, valuation, financial analysis, and development. Drawing from extensive academic and industry experience, the authors approach the investment analysis process using a combination of theory and practical tools in a discussion tailored to advanced students.Topics include value concepts, mortgage analysis, financing alternatives, option value, leverage and risk analysis, as well as institutional and capital market trends. Additionally, the new edition addresses climate risks, alternative property types, and the impact of technology on real estate as an asset class. New supplemental online resources complement the book's conceptual and quantitative study questions, chapter summaries, and other useful pedagogical features.Combining a practical grounding in economics and finance with updated tools and resources, this edition of Commercial Real Estate Analysis for Investment, Finance and Development provides a new generation of professionals the foundation and tools they need to excel as investment managers, advisers, and analysts. Ideal for graduate studies in real estate, finance, and business, this textbook prepares students for the real-world complexities and challenges of commercial real estate.For access to additional, online chapters and other Instructor and Student Resources, please visit: www.routledge.com/cw/geltner-miller

Commercial Real Estate Analysis for Investment, Finance, and Development

International trade and public health have long been in tension, with intellectual property law partially to blame. Patent protections have created strong pharmaceutical monopolies, making medicines unaffordable in many countries, blocking access to healthcare, and disrupting global supply chains. Attempts to remedy these public health failures have largely been fractured, with stop-gap efforts failing to meaningfully resolve the structural issues at the intersection between access, innovation, and regulation. Rather than treating these areas as separate domains, this book advocates for a holistic regulatory approach that centers public health while recognizing the deep interconnections with IP and trade. The authors argue that advancing innovation and global development requires recalibrating legal and policy frameworks to prioritize global public health as a necessary foundational requirement for robust trade and development. Tracing the evolution of these tensions across six chapters, the book critiques current regulatory reform efforts and proposes principles for a new public health framework: a treaty that places health not in opposition to trade and IP, but firmly at the center.

Centering a Public Health Framework

Fractures in IP, Trade, and Health

Law, Policy and Practice

Housing Debt and Home Loss

Smith on The Law of Assignment

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