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Vol 22 No 6 June/July 2017

Book of the Month

Cover of Supperstone, Goudie and Walker: Judicial Review

Supperstone, Goudie and Walker: Judicial Review

Edited by: Helen Fenwick
Price: £267.00

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Property in Securities: A Comparative Study

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ISBN13: 9780521832656
Published: June 2007
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £64.00



Despatched in 7 to 9 days.

Micheler analyses the German, Austrian and English law of securities, addressing the rules governing transfers of securities, including unauthorised transfers, equities arising out of defective issues, and the holding of securities through intermediaries. The book presents an account of the current English, German and Austrian regimes. It has been written with a view to explaining the German and Austrian regime to readers with a common law background and to explaining the English regime to readers with a civil law background.

Micheler also aims to determine whether globalisation will cause the two different approaches to converge. It concludes that the respective rules in all three jurisdictions have historically evolved consistently with incumbent legal doctrine. This pattern of change is likely to continue. Convergence will occur on a functional rather than doctrinal level. Moreover, recent reform initiatives advanced by the UNIDROIT and the EU will lead to functional rather than doctrinal convergence.

  • Contains an analysis of the civil and the common law approach to property in securities
  • Analyses the prospect for law reform at a European or global level
  • Contributes to the discussion as to whether legal systems are converging or developing in a path dependent manner

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Subjects:
Commercial Law, Banking and Finance
Contents:
Part I. Introduction: 1. Convergence and Path-Dependence
Part II. English Law: 2. Paper Transfers; 3. Dematerialisation; 4. Impact on the institutional framework; 5. Defective issues; 6. Unauthorised transfers; 7. Indirect holdings; 8. Conclusions
Part III. German and Austrian Law: 9. Historic starting point; 10. Paper transfers; 11. Impact on the institutional framework; 12. Immobilisation and its legal analysis; 13. Evidence of convergence?; 14. Conclusions
Part IV. Conclusions: 15. Legal development as a path dependent process; 16. Legal doctrine and market infrastructure; 17. Implications for convergence

Series: Cambridge Studies in Corporate Law

Corporate Reporting and Company Law ISBN 9781107406537
Published August 2012
Cambridge University Press
£27.99
Minority Shareholders' Remedies ISBN 9780521169455
Published March 2011
Cambridge University Press
£26.99
Companies, International Trade and Human Rights ISBN 9780521141826
Published April 2010
Cambridge University Press
£35.99
Corporate Reporting and Company Law ISBN 9780521837934
Published June 2006
Cambridge University Press
£93.00
The Governance of Corporate Groups
Janet DineUniversity of Essex
ISBN 9780521025799
Published May 2006
Cambridge University Press
£35.99
Companies, International Trade and Human Rights
Janet DineUniversity of Essex
ISBN 9780521828611
Published February 2005
Cambridge University Press
£93.00
Secured Credit Under English and American Law
Gerard McCormackUniversity of Manchester
ISBN 9780521826709
Published June 2004
Cambridge University Press
£103.00
Minority Shareholders' Remedies ISBN 9780521791069
Published January 2002
Cambridge University Press
Price on Application
The Governance of Corporate Groups
Janet DineUniversity of Essex
ISBN 9780521660709
Published May 2000
Cambridge University Press
Price on Application