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Vol 22 No 3 March/April 2017

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Simon Mortimore
Price: £225.00

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Marshalling of Securities


ISBN13: 9780198268659
ISBN: 0198268653
Published: December 2000
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £180.00



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This book provides an extensive analysis of the equitable doctrine of marshalling as it applies to secured debt. There is detailed and systematic reference to the application of marshalling in the United Kingdom, in particular the conditions that must be satisfied before marshalling will assist a secured creditor and the limitations imposed on its effective operation. There is also substantial comparative material, with extensive analysis of Commonwealth law and selected US authorities. This book will appeal equally to those specialists working in equity, finance and insolvency law and to commercial lawyers more generally.

Contents:
Preface
Table of Cases
Table of Legislation

PART 1. INTRODUCTION
Introduction

PART II. GENERAL PRINCIPLES: HISTORY AND OPERATION OF MARSHALLING OF SECURITIES
The History of the Equitable Doctrine of Marshalling of Securities
How does Marshalling work?

PART III. GENERAL PRINCIPLES: JURIDICAL NATURE OF MARSHALLING OF SECURITIES
Marshalling of Securities and the Law of Subrogation
Marshalling of Securities and other Equitable Doctrines and Remedies

PART IV. PRE-REQUISITES OF MARSHALLING OF SECURITIES
Marshalling of Securities and the Common Debtor Rule
Exception to the Common Debtor Rule
Marshalling of Securities and the Requirement of Proprietary Securities

PART V. LIMITATIONS ON MARSHALLING OF SECURITIES
Marshalling of Securities and the Rights of Unsecured Creditors
Marshalling of Securities and Third Parties
Covenants Against Marshalling and Other Contractual Constraints

Bibliography
Index