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Everett & McCracken's Banking and Financial Institutions Law 9th Edition follows the earlier editions in providing a comprehensive legal analysis of the Australian financial sector. Over the past 30 years this work has chronicled the legal development of the sector, offering broad coverage of the legal concepts and principles which typically arise in banking and financing transactions. The text opens with a detailed examination of the regulatory framework, which is marked by a diversity of regulators and a multiplicity of regulatory regimes. It then advances a general framework for analysing financing transactions, building on contractual and property law concepts and focusing on complexities arising from the role of financial institutions and the intricate and specialised nature of their business and the financial assets with which they deal. This discussion is followed by a close analysis of the operation of payment instruments as well as modes of taking security. It concludes by considering common financing structures such as syndication, securitisation and subordination.
Provides a comprehensive yet concise description of the law relating to banking and financial institutions. The legal framework in which economic and political decisions relating to the financial sector is made is explained. Sample documents are included to illustrate important points and cheque law is also covered.
Provides a comprehensive legal analysis of the Australian finance sector, covering not only the business of banking, payment instruments and the taking of security, but also the operation of the financial markets themselves, the instruments traded on them and the regulatory and fiscal framework which governs them.
Everett & McCracken's Banking and Financial Institutions Law 8th Edition follows the earlier editions in providing a comprehensive legal analysis of the Australian financial sector. Over the past twenty-five years this work has chronicled the legal development of the sector, offering broad coverage of the legal concepts and principles which typically arise in banking and financing transactions.
This book is a successor to Robin Burnett's Law of International Business Transactions. It provides an up-to-date analysis of the legal environment for international trade and covers:the changes made to payment and letters of credit by reason of the adoption of the UCP 600, which became effective in 2007, and other means of payment which are currently used;the provisions and possible adoption of the UNCITRAL Draft Convention on the Carriage of Goods Wholly or Partly by Sea;recent developments in the law relating to international sale of goods;the question of international arbitration and other means of dispute resolution; andthe strategies and issues of international operations while incorporating and building on the comprehensive information and material in the previous book.It will assist practitioners and students in their understanding of the legal and practical aspects of international and overseas trade and operations.
This book presents the first full-length explanation in English of Heinsohn and Steiger's groundbreaking theory of money and interest, which emphasizes the role played by private property rights. Ownership economics gives an alternative explanation of money and interest, proposing that operations enabled by property lead to interest and money, rather than exchange of goods. Like any other approach, it has to answer economic theory's core question: what is the loss that has to be compensated by interest? Ownership economics accepts neither a temporary loss of goods, as in neoclassical economics, nor Keynes's temporary loss of already existing, exogenous money as the cause of interest. Rather, money is created as a non-physical title to property in a credit contract secured by a debtor's collateral and the creditor's net worth. This book is an edited English translation of a highly successful German text, and offers the first book-length treatment of a theory which has received much interest since its first appearance in articles in the late 1970s.
Central banks occupy a unique space in their national governments and in the global economy. The study of central banking however, has too often been dominated by an abstract theoretical approach that fails to grasp central banks’ institutional nuances. This comprehensive and insightful Handbook, takes a wider angle on central banks and central banking, focusing on the institutions of central banking. By 'institutions', Peter Conti-Brown and Rosa Lastra refer to the laws, traditions, norms, and rules used to structure central bank organisations. The Research Handbook on Central Banking’s institutional approach is one of the most interdisciplinary efforts to consider its topic, and includes chapters from leading and rising central bankers, economists, lawyers, legal scholars, political scientists, historians, and others.
This book presents the first thoroughgoing analysis of the contractual effect of letters of comfort as it appears in both common law and civil law systems. The commentary draws on cases from a wide variety of jurisdictions and on the full range of legal scholarship on the subject in several languages. Among the specific issues and topics raised along the way are the following: the typology of letters of comfort; the legal nature of letters of comfort; the use of letters of comfort in corporate group and banking practice; the economic explanation for the use of letters of comfort; the contractual effect of letters of comfort in French law; ‘ten commandments’ of letters of comfort; Clearly evoking the tension between business needs, the law, and judicial application, the book analyses what happens when the relationship between a lender and a creditor breaks down, or the latter becomes insolvent, and courts or arbitrators are asked to determine the legal status of a comfort letter. This is an area of practice in which lawyers in any field of business activity are inevitably concerned, and in which useful guidance is scarce. For this reason this detailed analysis will be very welcome.
Expert contributors to this volume offer a comprehensive exploration of the UCP 600's impact on international trade finance law, examining the dynamic interplay between soft law and legal harmonization in 28 jurisdictions across all continents. With a rich array of case studies and insightful analysis, this book provides a nuanced interpretation of how soft law shapes global commerce. Its diverse perspectives and practical insights make it essential reading for practitioners and scholars seeking a deeper understanding of the real-world implications of soft law in trade.