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Property Rights in Money is a systematic study of how proprietary interests in (ownership of and transactions in) money are transferred and enforced as part of a payment transaction.The book begins by considering the different kinds of property recognised by the law which perform the economic functions of money. It describes how the nature of an owner's proprietary interest differs depending on the kind of property that is treated as money.The main body of the work provides a detailed account of how property rights in money are transferred from one person to another, and the proprietary consequences when a transfer of money is ineffective. For example, the work considers the consequences for the passing of property in money when aperson pays the money by mistake, through the fraud of another or through a breach of his or her duties as a trustee or a company director.The author provides a coherent explanation of the proprietary effect of money transfers whether made via a transfer of coins or banknotes or, as is now more common, through a bank payment system.The final section of the book considers how a person can enforce his property rights in money, and the legal remedies open to him to recover his money once it is in the hands of a person who is not entitled to it.
In the end, the book provides a fresh, comprehensive overview of an intriguing subject, accessible to anyone with a minimal background in economics. (An introductory chapter introduces the handful of assumptions embedded in the text's economics and law).
Property and Money is a simple guide to the investment and financial aspects of commercial property. Putting property into its financial context, it seeks to bridge the world of the surveyor and property developer and the investment and financial markets of the City of London. The book starts from first principles, assuming no pre-existing knowledge. It is thus suitable for students as well as more established property practitioners and its appeal extends to bankers, solicitors, accountants and fund managers whose work brings them into contact with commercial property transactions. This updated and expanded edition includes coverage of: - Principles and pitfalls of property finance - How the property investment market works - Evaluating property and its performance - Understanding property companies and their accounts - How property companies get into trouble - Bank loans, bonds, profit-share agreements, leasebacks and other methods of property finance - The crash of the early 1990's and its consequences. Based on a widely acclaimed series of articles that appeared in Estates Gazette magazine, Property and Money is complemented by an extensive index and glossary and enlivened by Nick Newman's cartoonist-eye view of the property world.
'Property Rights in Money' concentrates on the proprietary consequences of using money as a means of payment. It considers the nature of money from a legal perspective, examining how property rights in money are transferred from person to person and the consequences if those transfers are ineffective.
The great monopoly in this country is money. So long as that exists, our old variety and individual energy of development are out of the question. A great industrial nation is controlled by its system of credit.
Cass and Hylton explain how technological advances strengthen the case for intellectual property laws, and argue convincingly that IP laws help create a wealthier, more successful, more innovative society than alternative legal systems. Ignoring the social value of IP rights and making what others create “free” would be a costly mistake indeed.
Monetary law is essential to the functioning of private transactions and international dealings by the state: nearly every legal transaction has a monetary aspect. Money in the Western Legal Tradition presents the first comprehensive analysis of Western monetary law, covering the civil law and Anglo-American common law legal systems from the High Middle Ages up to the middle of the 20th century. Weaving a detailed tapestry of the changing concepts of money and private transactions throughout the ages, the contributors investigate the special contribution made by legal scholars and practitioners to our understanding of money and the laws that govern it. Divided in five parts, the book begins with the coin currency of the Middle Ages, moving through the invention of nominalism in the early modern period to cashless payment and the rise of the banking system and paper money, then charting the progression to fiat money in the modern era. Each part commences with an overview of the monetary environment for the historical period written by an economic historian or numismatist. These are followed by chapters describing the legal doctrines of each period in civil and common law. Each section contains examples of contemporary litigation or statute law which engages with the distinctive issues affecting the monetary law of the period. This interdisciplinary approach reveals the distinctive conception of money prevalent in each period, which either facilitated or hampered the implementation of economic policy and the operation of private transactions.
"Capital is the defining feature of modern economies, yet most people have no idea where it actually comes from. What is it, exactly, that transforms mere wealth into an asset that automatically creates more wealth? The Code of Capital explains how capital is created behind closed doors in the offices of private attorneys, and why this little-known fact is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else. In this revealing book, Katharina Pistor argues that the law selectively "codes" certain assets, endowing them with the capacity to protect and produce private wealth. With the right legal coding, any object, claim, or idea can be turned into capital - and lawyers are the keepers of the code. Pistor describes how they pick and choose among different legal systems and legal devices for the ones that best serve their clients' needs, and how techniques that were first perfected centuries ago to code landholdings as capital are being used today to code stocks, bonds, ideas, and even expectations--assets that exist only in law. A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the different ways that debt, complex financial products, and other assets are coded to give financial advantage to their holders. This provocative book paints a troubling portrait of the pervasive global nature of the code, the people who shape it, and the governments that enforce it."--Provided by publisher.
Why isn't the whole world developed? This toolkit for institutional analysis explains how rules affect the performance of countries, firms, and even families.
While slavery is often at the heart of debates over the causes of the Civil War, historians are not agreed on precisely what aspect of slavery-with its various social, economic, political, cultural, and moral ramifications-gave rise to the sectional rift.