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Secured Credit in Europe From Conflicts to Compatibility by Teemu Juutilainen This monograph seeks the optimal way to promote compatibility between systems of proprietary security rights in Europe, focusing on security rights over tangible movables and receivables. Based on comparative research, it proposes how best to tackle cross-border problems impeding trade and finance, notably uncertainty of enforceability and unexpected loss of security rights. It offers an extensive analysis of the academic literature of more recent years that has appeared in English, German, the Scandinavian languages and Finnish. The author organises the concrete means of promoting compatibility into a centralised substantive approach, a centralised conflicts-approach, a local conflicts-approach and a local substantive approach. The centralised approaches develop EU law, and the local approaches Member State laws. The substantive approaches unify or harmonise substantive law, while the conflicts a...

Cross-border Transfer and Collateralisation of Receivables A Comparative Analysis of Multiple Legal Systems By Woo-jung Jon Contributions by: Louise Gullifer , Joshua Getzler , Sang-Hyun Song Legal systems around the world vary widely in terms of how they deal with the assignment of, and security interests in, receivables. The aim of this book is to help international financiers and practicing lawyers in relevant markets in their practice of international receivables financing. Substantively, this book analyzes three types of receivables financing transactions: outright assignment (transfer), security assignment, and security interests. This book covers comprehensive comparison and analysis of the laws on the assignment of, and security interests in, receivables of fifteen major jurisdictions, encompassing common law jurisdictions, Roman-Germanic jurisdictions, and French-Napoleonic jurisdictions, as well as relevant EU Directives. To be more specific, this book com...

Revolution and Evolution in Private Law Edited by: Sarah Worthington , Andrew Robertson , Graham Virgo The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution-death of the dinosaurs or development of flight-would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law. The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutio...

The Constitution of Pakistan A Contextual Analysis By Sadaf Aziz This volume provides a contextual account of Pakistan's constitutional laws and history. It aims to describe the formal structure of government in reference to origins that are traced to the administrative centralization and legal innovations of colonial rule. It also situates the tide of Muslim nationalism that gave rise to the nation of Pakistan within a terrain of nascent constitutionalism and its associated promises of representation. The post-colonial history of the Pakistani state is charted by reference to succeeding constitutions and the distribution of powers between the major branches of government that they augured. Where conventional histories often suggest that constitutionalism in Pakistan is to be solely understood by reference to a cycle of abidance and rupture, and in the oscillation between military and civilian rule, this volume also accounts for the many points of continuity be...

The Constitution of India A Contextual Analysis By Arun K. Thiruvengadam This book provides an overview of the Indian Constitution by situating it within its broader socio-political context. It focuses on the overarching principles and the main institutions of constitutional governance that the world's longest written constitution inaugurated in 1950. The nine substantive chapters of the book deal with specific aspects of the Indian constitutional tradition as it has evolved across seven decades of its existence as an independent nation. Starting with a focus on the pre-history of the constitution and its making, the book moves onto an examination of the structural features and actual operation of principal governance institutions, including the executive and the parliament, the institutions of federalism and local government, and the judiciary. An unusual feature of Indian constitutionalism is the role played by technocratic institutions such as the Election Co...

New from Hart Publishing Personal Insolvency in the 21st Century A Comparative Analysis of the US and Europe Iain Ramsay Since 1979 the world has witnessed a remarkable cycle of personal insolvency law reform. Changes in capitalist economies, financial crises and political interest groups all contributed to this cycle of reform. This book examines the role of interest groups and distinct narratives in shaping reform in different countries while drawing attention to the role of timing, path dependency and unintended consequences in the development of personal insolvency law. The book presents case studies of personal insolvency law in the US, France, Sweden, and England and Wales. It then analyses how, following the Great Recession of 2008, international financial institutions paid greater attention to the significance of household debt in contributing to financial instability and the role of individual insolvency law in providing a fresh start. Personal insolvency law reform became pa...

Principled Reasoning in Human Rights Adjudication Se-shauna Wheatle Implied constitutional principles form part of the landscape of the development of fundamental rights in common law jurisdictions, affecting issues ranging from the remuneration of judges to the appropriation of property by the state. Principled Reasoning in Human Rights Adjudication offers thematic analysis of the use of the implied constitutional principles of the rule of law and separation of powers in human rights cases. The book examines the functions played by those principles in rights adjudication in Australia, Canada, the Commonwealth Caribbean, and the United Kingdom. It argues that  a complete understanding of implied constitutional principles requires thoroughgoing analysis of the sources and methods of implication and of the specific roles played by such principles in the adjudicative process.  By disaggregating particular functions and placing those functions within their respective institutiona...

This book provides a comparative study of contract law, examining the interaction of common law and civil law approaches to contract law. Drawing extensively upon English, French and European law, the book explores how the law of contract of Jersey, Channel Islands, has been influenced by both civil law and common law sources. It is argued that this jurisdiction is a striking example of comparative law in action, given that Jersey contract law is made up of a blend of common law and civil law approaches. Jersey law is premised upon a subjective approach to contracts, in which civil law concepts such as cause (rather than consideration) and  vices de consentement  are the foundational aspects, but is nonetheless highly influenced by the common law in areas such as remedies (damages, termination, etc). The book analyses a series of key issues from a comparative and European perspective, including the principles underlying contract law (comparing and contrasting civil and common ...

New from Hart Publishing I am pleased to announce the publication of the title(s) shown below. If you would like to order with your 10% discount you can do so through our US distributor’s website (please quote the reference HART EMAIL in the voucher code field and click ‘apply’). Alternatively please contact ISBS directly to place your order (details below). Comparative Law in Practice Contract Law in a Mid-Channel Jurisdiction Duncan Fairgrieve This book provides a comparative study of contract law, examining the interaction of common law and civil law approaches to contract law. Drawing extensively upon English, French and European law, the book explores how the law of contract of Jersey, Channel Islands, has been influenced by both civil law and common law sources. It is argued that this jurisdiction is a striking example of comparative law in action, given that Jersey contract law is made up of a blend of common law and civil law approaches. Jersey law is premised upon a subjecti...