This work deals with a number of important issues in the formulation of modern international commercial and financial law and is intended as a guide for practitioners dealing with international cases in national courts or in international commercial arbitrations and for students having an interest in the study of this law at graduate level. 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 ...
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This work deals with a number of important issues in the formulation of modern international commercial and financial law and is intended as a guide for practitioners dealing with international cases in national courts or in international commercial arbitrations and for students having an interest in the study of this law at graduate level. 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. The book is analytical rather than merely descriptive and attempts to give a perspective on how the most important legal structures and supervisory methods operate in the dynamics of a globalised and fast changing market place. It uses the laws in the US, Germany, France and England as starting points but seeks to develop a common approach that better reflects internationally developing commercial and financial practices.
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