The Law of Tracing in Commercial Transactions

This new book explains the nature and structure of interests in property in commercial transactions.

The Law of Tracing in Commercial Transactions

Author: Magda Raczynska

Publisher: Oxford University Press, USA

ISBN: 9780198796138

Page: 304

View: 634

A pressing problem often facing commercial practitioners is how to determine the principle which would dictate when a proprietary claim is available and when it is not. This book explains the nature and structure of key interests in property in commercial transactions and analyses the incidence of proprietary claims available to holders of different interests in assets. 0This book is the first to approach the topic of tracing and derived assets in commercial transactions on a principled basis. It subjects an area of little authority and general academic comment to rigorous and detailed analysis. It contains treatment of the relevant case law and discussion of points that have yet to come up in litigation in England and abroad. By way of comparison, it considers salient aspects of the relevant rules under Article 9 of the US Uniform Commercial Code. The book is timely in light of the current debate on the shape of the law reform of secured transactions in England and elsewhere.

Proprietary Interests in Commercial Transactions

6.2.1 Substitutions : Common Law Tracing Rules This can be the simplest
scenario for the original owner . The statement of the law is clear : the original
property can be traced at common law into its substituted products until the
means of ...

Proprietary Interests in Commercial Transactions

Author: Sarah Worthington

Publisher: Oxford University Press

ISBN: 9780198262756

Page: 270

View: 370

Worthington provides a broad overview of personal property law in a commercial context, examining the various devices used by contracting parties and attempting to distil a theoretically rigorous framework to describe the relevant laws.

Making Commercial Law

It should follow , without more , that we do have a unitary law of tracing . What
makes no sense cannot be the ... The Right to Trace and its Impact on
Commercial Transactions ' ( 1976 ) 92 LQR 360 and 528 . 6 In successive
editions Goff and ...

Making Commercial Law

Author: Royston Miles Goode

Publisher: Oxford University Press

ISBN: 9780198260813

Page: 592

View: 403

Edited by eminent banking law scholar Ross Cranston, this is a collection of essays written in honor of Roy Goode, the Norton Rose Professor of English Law at Oxford and highly esteemed commercial law scholar. The contributors, an international group of distinguished commercial lawyers, address topics including international contracts and sales, credit and security, and commercial arbitration. Making Commercial Law is a truly international collection that will be of great interest to scholars of commercial law worldwide, and to practitioners working in the areas of finance and international banking.

The World of Maritime and Commercial Law

... 'The Right to Trace and Its Impact in Commercial Transactions Parts I and II' (
1976) 92 LQR 360, 525; F Babafemi, 'Tracing Assets: A Case for the Fusion of
Common Law and Equity in English Law' (1971) 34 MLR 12; RA Pearce, 'A
Tracing ...

The World of Maritime and Commercial Law

Author: Charles Mitchell

Publisher: Bloomsbury Publishing

ISBN: 1509932402

Page: 384

View: 422

This collection of 20 essays contains recent work by legal scholars, practitioners and judges, all internationally renowned for their expertise in the fields of maritime and commercial law. For maritime lawyers, the book contains absorbing and important studies of the law governing maritime collisions, carriage of goods by sea (examining the meaning of 'actual carriage' in the Hamburg Rules, and the complex web of rules that governs multimodal carriage), and marine insurance (discussing the history of the doctrine of utmost good faith, and jurisdiction clauses in cargo policies). In the area of private international law, there are chapters on the choice of law rules affecting the ownership of ships, and on recent cases where conflict of laws issues have been decided by the Privy Council. For generalist commercial lawyers, there is a wealth of scholarship on the Sale of Goods Act 1979, its provisions and scope, and on the rules of contractual interpretation, their history, content and application in commercial settings. In addition, there are chapters on negotiating damages for breach of contract, illegality, tracing misapplied funds, the application of private law rules to disputes about cryptocurrencies and developments in the law of directors' duties. Taken as a whole, the essays in this collection stand out for their breadth of scholarship, analytical power, depth of understanding, and penetrating insights even into the knottiest problems of maritime and commercial law. They are essential reading for every maritime and commercial lawyer and a fitting tribute to a scholar who has led the way in both fields for many decades.

Commercial Transactions Secured Financing

The parties agree that were the relationship between Murphy and plaintiff one of
trust , tracing would be permitted . However , defendant urges that the trust
paradigm is not analogous , and that pre - UCC New York law regarding tracing
of ...

Commercial Transactions  Secured Financing

Author: Raymond T. Nimmer

Publisher: MICHIE

ISBN:

Page: 662

View: 479

The Law of Trusts and Equitable Obligations

2 Tracing and claiming at common law26 (1) Common law tracing through clean
substitutions The common law rules of tracing are clearly ... 26 See Worthington,
Proprietary Interests in Commercial Transactions (1996), pp 133–144; Smith ...

The Law of Trusts and Equitable Obligations

Author: Robert Pearce

Publisher: Oxford University Press

ISBN: 0199570639

Page: 1072

View: 445

The Law of Trusts and Equitable Obligations provides students wtih a detailed and stimulating account of the law of equity and trusts. The fifth edition has been thoroughly updated by Warren Barr, senior lecturer at the University of Liverpool and Law Teacher of the Year 2006 in collaboration with Robert Pearce and John Stevens.

Research Handbook on Secured Financing in Commercial Transactions

Most laws recognize the rights of non-bank creditors to trace the security interest
into the proceeds of their original ... accounts are captured by secured
transactions laws, even if their scope provisions expressly exclude security
interests in ...

Research Handbook on Secured Financing in Commercial Transactions

Author: Frederique Dahan

Publisher: Edward Elgar Publishing

ISBN: 1781001847

Page: 544

View: 495

This cutting-edge Handbook presents an overview of research and thinking in the field of secured financing, examining international standards and best practices of secured transactions law reform and its economic impact. Expert contributors explore the

Legal Looseleafs in Print

156 COMMON MARKET see European Union COMMERCIAL LAW - NEW
JERSEY New Jersey Secured Transactions Under Revised Article 9 of the
Uniform Commercial Code Forms and Practice Manual ( Data Trace Publishing
Co. ) ...

Legal Looseleafs in Print

Author:

Publisher:

ISBN:

Page:

View: 976

Commercial Transactions

66G T . Quinn , Uniform Commercial Code Commentary and Law Digest ( 1978 ;
supplemented semi - annually ) Uniform Laws Annotated , Uniform Commercial
Code , Vols . 1 - 3 . You may trace subsequent citations to Code cases in ...

Commercial Transactions

Author: Jonathan A. Eddy

Publisher: Aspen Publishers

ISBN:

Page: 997

View: 892

Dublin University Law Journal

focussing closely upon whether the transactions in question justify giving the
plaintiff a proprietary claim against the defendant . ... of being pressed into
service as much by those who would maintain the general Proprietary Interests in
Commercial Transactions ( O . U . P . ... Smith , The Law of Tracing ( O . U . P . ,
Oxford , 1996 ) ( hereafter , Smith ) ; Smith , " Tracing , ' Swollen Assets ' and the
Lowest ...

Dublin University Law Journal

Author:

Publisher:

ISBN:

Page:

View: 448

Martindale Hubbell International Law Directory

estate , environmental , aviation , intellectual property , securities , construction ,
bankruptcy , corporate law . ... PRACTICE AREAS : Real Estate ; Commercial
Transactions ; Corporate Law ; Secured Transactions . ... FIRM PROFILE :
Tracing its roots back to 1956 this firm of twenty plus attorneys concentrates on
personal , timely service and cost effective solutions to client problems with focus
on the ...

Martindale Hubbell International Law Directory

Author:

Publisher:

ISBN:

Page:

View: 582

Commercial Transactions

Nevertheless , such commingled grain may be legally identifiable : that is , the
law may provide a rule that arbitrarily designates a particular part of the mass as
the collateral . Such a tracing rule enables the court to tell which grain is legally ...

Commercial Transactions

Author: Lynn M. LoPucki

Publisher: Aspen Publishers

ISBN:

Page: 692

View: 505

Help your students understand the realities of commercial practice and the relationship between the rules and the transactions they govern. The authors -- recognized for their outstanding teaching ability as well as their superb scholarship -- cut across arbitrary content boundaries to organize their casebook by system, rather than rules.The book's three parts take a real-life approach to the law: -- Sales Systems -- progresses logically from formation of agreements to a discussion of terms, performance, and remedies.-- Payment and Credit Systems -- covers checking accounts, credit cards, wire transfers, letters of credit, and payment systems of the future, such as stored-value cards and electronic money; competition for deferring payment, negotiable instruments and liquidity, remedies under state law and remedies in bankruptcy, and creation of security interests and secured transactions.-- Creditor-Third Party Relationship -- deals with perfection, maintaining perfection, priority, and competition for collateral.This approach shows students that the law is one element of a system that includes legal rules, the people who engage in transactions, contracts designed to guide the transaction, and the physical tools used to consummate them.

Personal Property Security Act cases

Flexi - Coil also deals with the problem of tracing , which is what is involved in
these kinds of trust arrangements . ... ( see : R . M . Goode , “ The Right to Trace
and its Impact in Commercial Transactions ^ ] I ” ( 1976 ) , 92 Law Q . Rev . 360 ) .

Personal Property Security Act cases

Author:

Publisher:

ISBN:

Page:

View: 947

Dalhuisen on International Commercial Financial and Trade Law

Besides , securities legislation may also attempt to provide a better framework for
all commercial transactions ... the intermediary or agent , civil law also needs to
develop further , particularly in the aspect of tracing and segregation of ( a ) client
 ...

Dalhuisen on International Commercial  Financial and Trade Law

Author: Jan H Dalhuisen

Publisher: Hart Publishing

ISBN:

Page: 878

View: 234

The first chapter deals with the sources of modern international commercial and financial law in a comparative context and with modern efforts to create uniform or harmonized law at international level (in the EU, Uncitral and Unidroit). The second chapter deals with contract in Common and Civil Law and the third chapter is concerned with payments and the operation of modern payment systems. The fourth chapter deals with movable tangible and intangible assets in Common and Civil Law and with the concept of ownership and possession. The fifth chapter covers the most important modern financial instruments like finance leases, repos, receivable financings and securitisations. The sixth chapter deals with the regulation of cross border financial services and investment banking practices. The seventh chapter covers international jurisdiction, the type and reach of provisional measures, the recognition of foreign judgments and bankruptcy decrees, and international arbitration.

Uniform Commercial Code Reporting Service

Id . Professor Goode notes that under English law an owner may follow proceeds
from the disposition of converted property into the hands of a third party . Goode ,
The Right to Trace and Its Impact in Commercial Transactions — I , 92 L Q Rev ...

Uniform Commercial Code Reporting Service

Author:

Publisher:

ISBN:

Page:

View: 528