Principles of International Financial LawPDF电子书下载

1. Introduction 1

The Special Position of Financial Law 1

The Choice ofTopics 4

2. Money 7

The Importance of Understanding Money 7

The Nature of Money 10

The Statutory Treatment of Money 12

Money in the Courts 19

The European Single Currency 26

The Ability of States to Control the Use of their Money 37

3. Payment 41

Payment as the Discharge of an Obligation to Pay Money 42

Payment as the Transmission of Money 49

4. Personal and Property Rights 77

The Importance of the Distinction 77

The Nature of the Distinction 82

The Distinction in Practice 90

Multiple Ownership 101

Structuring SecuriArrangements 104

5. Intangibles as Property 105

Choses in Action and Choses in Possession 106

Things which are Choses in Action 108

The Nature of a Chose in Action 113

Dealings with Choses in Action 122

Hybrid Rights 137

6. The Legal Nature of the International Bond Market 140

Introduction 140

The Bond Market Pre-History 143

Post- World War Ⅱ 146

Immobilization and the Modern Era 154

Legal Analysis of Bond Structures 159

Dematerialization 169

7. Fiduciary Duties and How They Arise 174

The Perceived Risk 174

The Fiduciary Relationship 180

The Existence of a Fiduciary Relationship 185

The Nature of Fiduciary Duties 200

Summary 205

8. Fiduciary Duties in Financial Markets 206

Introduction 206

Fiduciary Duties in Commercial Transactions 208

Fiduciary Duties in Financial Transactions 228

Regulatory Rules for Retail Customers 238

9. Credit Support in Financial Markets 241

Multiple Obligors 242

Contracts of Suretyship 246

‘Almost Guarantees’ and Comfort Letters 251

Commercial Credit Support 255

Subordination 269

10. Security Interests 277

Reasons for Taking Security 277

Terminology 279

Registration 285

Kinds of Security 288

Reverse Security 305

11. The Construction of Financial Contracts 308

The Common Law and Civil Law Approaches 310

The Difference between Meaning and Effect 317

The Meaning of Contracts 327

Implied Terms 337

Index 341