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International Negotiable Instruments


ISBN13: 9780198828686
Published: December 2020
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £110.00



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For centuries, bills of exchange, cheques, and promissory notes ('negotiable instruments') have played a vital role in the smooth operation of domestic and international commerce. The payment mechanisms have been subject to rapid technological progress and law and procedure have needed to adapt and respond to ensure that the legal framework remains relevant and effective.

This book provides a comprehensive and thorough analysis of the treatment of negotiable instruments, grounded in instruments used in international trade, and the key differences across the major legal systems and sets this in the overarching framework of choice of law rules applicable to international negotiable instruments.

The authors analyse the extent to which negotiable instruments are consistent with, or excluded from, the scope of general contract and property law doctrines, and the consequences for the application of private international law instruments and choice of law analysis. The structure of the work provides a systematic inquiry into the relevant principles of law, statutes, and international conventions, and analyses the underlying drivers and rationale for both choice of law and the established law and practice for negotiable instruments. It aims to identify and resolve some of the existing uncertainties in the case law and literature of international negotiable instruments law.

Subjects:
Conflict of Laws
Contents:
I:Negotiability, Negotiable Instruments, and the Law of Bills, Notes, and Cheques
II:General Law and Negotiable Instruments: A Brief Historical Perspective
III:Choice of Law Question, Three Major Developments, and the Need for Harmonization
IV:Negotiable Instruments Choice-of-Law Rules in the Various Systems
V:The Foreign Element and Party Autonomy in Negotiable Instruments Law
VI:Choice-of-Law Rules in the Absence of Party Autonomy: The Most Significant Relationship Principle
VII:The Boundaries of the Proposed Argument
VIII:International Negotiable Instruments in the Electronic Age
XI:Conclusion

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