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1
Saygidmagomedov, Anvarbeg. Accounting and financial accounting in agriculture. ru: INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/1083371.
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The textbook is devoted to accounting financial accounting in agriculture. For each chapter, tests and tasks are given to determine the correspondence of invoices for business transactions and, conversely, the content of business transactions for a given correspondence of invoices.
Meets the requirements of the federal state educational standards of higher education of the latest generation.
For students and teachers of economic specialties and students of advanced training courses.
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Aspatore, Inc. Managing health care transactions: Leading lawyers on interpreting the requirements and ramifications of state and federal regulations. United States]: Aspatore, 2012.
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Kachan, Natal'ya, and Svetlana Novosel'ceva. Features of accounting in trade and public catering. ru: INFRA-M Academic Publishing LLC., 2020. http://dx.doi.org/10.12737/1048801.
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The textbook deals with the main issues of setting up accounting of commodity transactions in wholesale and retail organizations, public catering enterprises, including the system of consumer cooperation. This takes into account the features of the organization of inventory accounting in the book and magazine form.
Meets the requirements of the Federal state educational standards of secondary vocational education.
Recommended for students of the specialty Economics and accounting (by industry)" to study the discipline "Features of accounting in organizations of various types of activity". It can be useful for practitioners of trade and public catering."
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Canada, Canada Industry. Canada Business Corporations Act: Discussion paper : going-private transactions. Ottawa, Ont: Industry Canada, 1995.
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Dmitrieva, Ol'ga. Accounting, analysis and audit of operations with securities. ru: INFRA-M Academic Publishing LLC., 2020. http://dx.doi.org/10.12737/1048787.
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The textbook describes the procedure of maintenance of accounting and tax accounting transactions with underlying securities (shares, bonds, bills of exchange) to organizations that are not professional participants of the securities market. Describes the methodology and fundamental analysis of the stock and methods used to estimate their fair value. It considers the basic tools of technical analysis of the securities market. Disclosed method of analysis of debt securities. The method of audit of operations with securities.
Meets the requirements of Federal state educational standards of higher education of the last generation.
For students studying in field of study 38.03.01 "Economics", practitioners in the field of accounting and analysis, as well as individuals interested in the analysis of debt and equity financial tools to create a personal investment portfolio.
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Ivanov, Igor', Elena Temnyshova, Igor' Temnyshov, Aleksandr Mozgovoy, Aleksey Dubin, Dmitriy Merkulov, Vitaliy Lobachev, et al. Management of the company's foreign economic activity. ru: INFRA-M Academic Publishing LLC., 2020. http://dx.doi.org/10.12737/1023802.
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The textbook deals with a set of issues related to the organization of foreign economic activity of a modern Russian enterprise. The article covers the basics of foreign economic activity, organization of international commercial operations, customs and international transportation, reveals the essence and features of international marketing, and shows the role of the state in managing foreign economic activity. The features of entering the world market, choosing a foreign partner, pricing, preparation and execution of foreign trade transactions are shown. Various aspects of insurance of foreign economic activity are revealed.
Meets the requirements of Federal state educational standards of higher education of the latest generation.
For bachelors and masters of higher education institutions studying in economic areas, as well as for students of the system of professional development and retraining, specialists in Economics, managers of various levels.
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Beuningen, Cor, and Kees Buitendijk, eds. Finance and the Common Good. NL Amsterdam: Amsterdam University Press, 2019. http://dx.doi.org/10.5117/9789463727914.
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Over the past fifty years, (financial) capitalism has brought about an enormous growth in wealth. Millions around the world have been lifted out of poverty. However, the downsides of the present global economic constitution are rapidly becoming evident as well. Rising inequality, soaring debt levels, and repeated cycles of boom and bust have proven to be some of its key characteristics. After the 2008 crisis brought the financial system to the brink of collapse, new regulations, stricter supervision, higher capital requirements, and ethical codes were introduced to the sector. Today we find ourselves in the middle of another economic boom. Yet one pressing question remains: has anything changed? Have the (necessary) repairs fixed the flaws in the system? Or do we require even more fundamental reforms? This volume builds on the observation that society has co-evolved with the financial sector. We cannot simply claim that 'finance' was the sole instigator of the 2008 crisis. Society itself has become financialized; the process of replacing relations, structures of trust and reciprocity, by anonymous and systemic transactions. The volume poses vital questions with regard to this societal development. How did this happen? And more importantly: is change possible? If yes, how? This volume contains 21 essays on the themes mentioned above. Authors include Jan Peter Balkenende, Wouter Bos, Lans Bovenberg, Govert Buijs, and Herman Van Rompuy. A recommendation by Dutch Minister of Finance Wopke Hoekstra is also included.
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Suspicious activity and currency transaction reports: Balancing law enforcement utility and regulatory requirements : hearing before the Subcommittee on Oversight and Investigations of the Committee on Financial Services, U.S. House of Representatives, One Hundred Tenth Congress, first session, May 10, 2007. Washington: U.S. G.P.O., 2007.
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9
United States. Congress. House. Committee on Transportation and Infrastructure. Subcommittee on Railroads. Reauthorization of the Surface Transportation Board: Hearing before the Subcommittee on Railroads of the Committee on Transportation and Infrastructure, House of Representatives, One Hundred Fifth Congress, second session, March 12, 1998--resource requirements, April 22, 1998--state of the railroad industry, May 6, 1998--Inter-carrier transactions, constructions and abandonments, May 13, 1998--rates, access and remedies. Washington: U.S. G.P.O., 1998.
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10
French, Derek, Stephen W. Mayson, and Christopher L. Ryan. 16. Directors’ duties. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198778301.003.0016.
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This chapter deals with the seven general duties of directors as spelled out in the Companies Act 2006: duty to act within powers; duty to promote the success of the company; duty to exercise independent judgement; duty to exercise reasonable care, skill, and diligence; duty to avoid conflicts of interest; duty not to accept benefits from third parties; and duty to declare interest in proposed transaction or arrangement. After providing a background on the codification of directors’ general duties, the chapter turns to the fiduciary duty of directors, including shadow and de facto directors. It also examines statutory requirements involving property transactions; loans, quasi-loans, and credit transactions; associated companies and persons ‘connected’ with a director; equitable remedies for breach of duty; the ways in which directors can be relieved of liability; and secondary liability with regards to property.
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French, Derek. 16. Directors’ duties. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815105.003.0016.
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This chapter deals with the seven general duties of directors as spelled out in the Companies Act 2006: duty to act within powers; duty to promote the success of the company; duty to exercise independent judgement; duty to exercise reasonable care, skill and diligence; duty to avoid conflicts of interest; duty not to accept benefits from third parties; and duty to declare interest in proposed transaction or arrangement. After providing a background on the codification of directors’ general duties, the chapter turns to the fiduciary duty of directors, including shadow and de facto directors. It also examines statutory requirements involving property transactions; loans, quasi-loans and credit transactions; associated companies and persons ‘connected’ with a director; equitable remedies for breach of duty; the ways in which directors can be relieved of liability; and secondary liability with regards to property.
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Committee on Financial Services, United States House of Representatives, and United States United States Congress. Suspicious Activity and Currency Transaction Reports: Balancing Law Enforcement Utility and Regulatory Requirements. Independently Published, 2020.
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13
Barnett, Jonathan M. Innovators, Firms, and Markets. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190908591.001.0001.
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This book presents a theoretical, historical, and empirical account of the relationship between intellectual property (IP) rights, organizational type, and market structure. Patents expand transactional choice by enabling smaller research-and-development (R&D)-intensive firms to compete against larger firms that wield difficult-to-replicate financing, production, and distribution capacities. In particular, patents enable upstream firms that specialize in innovation to exchange informational assets with downstream firms that specialize in commercialization, lowering capital and technical requirements that might otherwise impede entry. These theoretical expectations track a novel organizational history of the U.S. patent system during 1890–2006. Periods of strong patent protection tend to support innovation ecosystems in which smaller innovators can monetize R&D through financing, licensing, and other relationships with funding and commercialization partners. Periods of weak patent protection tend to support innovation ecosystems in which innovation and commercialization mostly take place within the end-to-end structures of large integrated firms. The proposed link between IP rights and organizational type tracks evidence on historical and contemporary patterns in IP lobbying and advocacy activities. In general, larger and more integrated firms (outside pharmaceuticals) tend to advocate for weaker patents, while smaller and less integrated firms (and venture capitalists who back those firms) tend to advocate for stronger patents. Contrary to conventional assumptions, the economics, history, and politics of the U.S. patent system suggest that weak IP rights often shelter large incumbents from the entry threat posed by smaller R&D-specialist entities.
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Tudsri, Pattarapas, and Angkanawadee Pinkaew. Formation of Contract, Enforceability, and Pre-Contractual Liability in Thailand. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0019.
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This chapter examines issues concerning the formation of contract under Thai law. It discusses the background to the Thai Civil and Commercial Code 1925 and the French and German influences on its drafting. The chapter examines the interpretation of intention, which is integral to the notion of a juristic act for creation of contractual obligations. The direction to discern true intention, combined with notions of fictitious intention and concealed juristic act, enables a court to re-characterize transactions according to their true intention. Through the power to ‘transform a void act’, a court may also declare an act valid otherwise void for non-compliance with formalities governing one kind of juristic act, if it complies with the requirements of another juristic act. The chapter discusses the German concept of Vorvertrag or pre-contract in the context of transactions that do not comply with the formality requirements, and explains why the Thai judges have not embraced this concept. It also examines how a court imposes pre-contractual liability on a party breaking off from contract negotiations.
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French, Derek, Stephen W. Mayson, and Christopher L. Ryan. 9. Accounts. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198778301.003.0009.
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This chapter discusses the requirements calling for directors of a company to prepare accounts once a year, to be presented to the company’s members and filed at Companies House (unless the company is unlimited). The technical rules on the preparation of financial statements are explained. The role of the Financial Reporting Council as the regulator for accountancy, auditing, and financial reporting is also considered. The chapter outlines the accounting requirements, in which every company must keep reasonably accurate accounting records of all financial transactions, from which the directors must prepare annual accounts for each of the company’s financial years. The requirements for group accounts and the procedures for revising accounts that are found to be erroneous are examined as well. The chapter considers a particularly significant case: Caparo Industries plc v Dickman [1990] 2 AC 605.
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Craig R, Nethercott, and Eisenberg David M, eds. Islamic Finance. 2nd ed. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198725237.001.0001.
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This book is an authoritative practical guide to financial transactions under Islamic law. Global interest in Shari’a-compliant financial practices continues to increase, but Islamic financial products can often be hard to understand, not least because they often cut across rather than strictly align with more conventional financial products. This book provides the necessary explanation by describing the theoretical underpinnings of Islamic finance as a whole before going on to examine the major individual transaction structures in detail. The first part of the book informs the reader about the general background to Islamic finance and the relevant aspects (and sources) of Islamic law. It also considers the role of Shari’a supervisory boards, Islamic financial institutions and accounting approaches. The second part of the book concentrates on Islamic financial law in practice by focusing on individual concepts and techniques. This section explains the basic requirements for Islamic finance contracts both in terms of the underlying asset types and also both the applicability and acceptability of the underlying asset. Arrangements discussed include Mudaraba (trustee finance), Musharaka (partnership or joint venture), Murabaha (sale of goods), and Sukuk (participation securities: coupons etc). Takaful (insurance) is also examined in detail. A new chapter has also been added to this second part of the book detailing the principles of Islamic investment funds and commonly applied structures.
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Markham, Jerry W. Commodity Exchanges and Regulation. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190656010.003.0003.
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The U.S. Commodity Futures Trading Commission (CFTC) intensively regulates commodity futures, options, and swaps pursuant to the provisions of the Commodity Exchange Act of 1936. The Securities and Exchange Commission (SEC) and federal banking agencies also have some jurisdiction over derivative financial instruments. This chapter describes the CFTC regulations, including registration requirements for designated contract markets, clearinghouses, and various swap market participants. It also describes the financial responsibility requirements imposed on futures commission merchants and safeguards for customer funds in the futures markets. Additionally, the chapter addresses prohibitions against misleading sales activities, deceptive trading practices, and price manipulations. Finally, it reviews the role of the SEC and bank regulators in regulating financial derivative contracts, particularly securities derivatives and foreign currency exchange transactions.
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Pablo, Perezalonso. 21 Mexico. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0021.
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This chapter discusses the law of set-off in Mexico. Under Mexican law, the right of set-off is a form of payment of obligations by which cross-claims may be extinguished up to the amount of the smaller claim. Set-off is not treated as a security interest in Mexico. In order for a set-off to be valid, it is not necessary to satisfy the formal requirements for security interests including executing specific security agreements such as security trusts, pledges, or mortgages. The chapter first considers set-off between solvent parties, focusing on automatic set-off and contractual set-off, before analysing set-off against insolvent parties. In particular, it examines the relevant provisions of the Bankruptcy Law with respect to outstanding obligations resulting from financial derivatives, reportos, and securities lending transactions, along with the retroactivity period for such transactions. Finally, it looks at set-off issues in a cross-border context.
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Michael, Furmston, Tolhurst G J, and Mik Eliza. 2 Offers and Invitations to Treat. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198724032.003.0002.
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This chapter begins by discussing how developed legal systems seem to have adopted the technique of analyzing transactions in terms of offer and acceptance to determine whether there is an agreement. It then turns to the identification of offers, covering the definition of an offer; the requirements of a valid offer, i.e. extent of commitment evinced, the certainty of the terms used, and the specification of the addressees; how the language used in the proposal is the most decisive factor when examining what the addressee is entitled to conclude when judging the proposal to be an offer; and the communication of offer.
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Marcus, Smith, and Leslie Nico. Part III Transfers in Particular Contexts, 19 The Transfer of Equity and Debt Securities. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198748434.003.0019.
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This chapter examines securities trading. Although securities are classed as choses of action, they have long been subject to special statutory schemes. In particular, the transfer of shares has long been subject to a registration requirement that importantly supplements the general law of assignment. The requirement for registration arose as a matter of historical necessity. Meanwhile, the modern statutory scheme relating to securities transfers was necessitated by the explosion of financial trading activity following the deregulation of the UK markets, or Big Bang, in the late 1980s. Almost all modern securities transactions are effected by means of electronic exchanges, which have replaced the open-outcry floor-based systems that operated in the past. The chapter then looks at the characteristics of these exchanges, the regulatory framework in which they operate, and the clearing houses on which they depend.
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Martin, Benatar. 7 Insurance. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198715559.003.0008.
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This chapter considers the approach taken by financiers to insurance in project finance transactions. Itfocuses onthe types of insurances that lenders will require (such as material loss insurance, consequential loss insurance, and liability insurance),why financiers typically require insurance to be procured and controlled by the project company, and how commercial influences such as the creditworthiness of the insurers and re-insurance requirements impact upon a project finance insurance programme.In addition to examining general insurance law principles (such as full value coverage and the treatment of force majeure), this chapter also considers the provisions that are customarily endorsed on project insurance policies for the benefit of the lenders (such as a broker’s letter of undertaking).
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Elena, Tchoubykina. 27 Russian Federation. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0027.
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This chapter examines the legal requirements to a statutory set-off in the Russian Federation. In Russia, statutory set-off is regulated by Articles 410–412 of the Civil Code. From a legal standpoint, set-off constitutes a proper performance of obligations which discharges the respective claims of two parties. The chapter first provides an overview of set-off between solvent parties, focusing on statutory set-off, contractual set-off, and alternative schemes for enforcing contractual set-off arrangements. It then considers set-off in insolvency, with particular emphasis on set-off in bankruptcy proceedings of a corporate entity and of a credit institution. It also analyses key legal issues that may arise with respect to a set-off in the context of cross-border transactions.
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Roderick, Munday. 6 Ratification. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198784685.003.0006.
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This chapter concerns the ratification of unauthorized acts. The doctrine of ratification is concerned with acts performed without authority by an agent in the name of a principal. In short, ratification occurs whenever the ratifying party clearly manifests that he has adopted the unauthorized transaction effected by his agent purportedly on his behalf. There is no requirement that this intention must be communicated either to the third party or to the agent. Express ratification is self-explanatory. Implied ratification, however, will take place where either the conduct of the principal or the surrounding circumstances invite the inference that the principal has endorsed the agent’s conduct.
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Pagliari, Stefano. The Second Half. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190864576.003.0006.
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This chapter explores the implementation of the derivatives rules included within the Dodd-Frank by US regulatory agencies. This phase brought to a halt the tightening in the regulation of derivatives markets that had been set in motion by the financial crisis, as regulators have come to exclude a number of actors and transactions from regulatory requirements mandated by Congress. In order to explain this outcome, this chapter will map the ecology of interest groups from within and outside the financial industry that have mobilized during the implementation of Dodd-Frank. The analysis will reveal how the breadth and cohesiveness of the opposition front that emerged in response to different rules have influenced the capacity of regulators to withstand pressures to whittle down the scope and strictness of Dodd-Frank during the implementation phase.
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Kim, Rasmussen. 11 Denmark. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0011.
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This chapter provides an overview of the legal framework of set-off in Denmark. Under Danish law, set-off may be claimed without prior agreement between the parties. Certain basic set-off requirements, founded on general principles regulating set-off rights, are firmly established in Denmark. The chapter begins with a discussion of set-off between solvent parties, focusing on set-off by operation of law, expanded set-off by operation of law (connected claims), expanded set-off rights by agreement, and limitations on the right to set-off. It then considers set-off against insolvent parties, taking into account the relevant provisions in the Bankruptcy Act as well as close-out netting. It also analyses the law applicable to set-off between solvent parties and set-off between insolvent parties in the context of cross-border transactions.
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1842-1915, Maltbie Theodore Mills, ed. Statutory requirements relating to insurance in the United States and Canadas: Comprising all the requirements necessary for the admission and transaction of business in the States and in Canada, by insurance companies of other states and foreign countries. Hartford, Conn: Insurance Journal, 1985.
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Martin, Keith M. Cryptographic Applications. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198788003.003.0012.
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This chapter considers eight applications of cryptography. These essentially act as case studies relating to all the previous material. For each application, we identify the security requirements, the application constraints, the choice of cryptography used, and the ways that the keys are managed. We begin with the SSL/TLS protocols used to secure Internet communications. We then examine the cryptography used in W-Fi networks, showing that early cryptographic design mistakes have subsequently been corrected. We then examine the evolving cryptography used to secure mobile telecommunications. This is followed by a discussion of the cryptography that underpins the security of payment card transactions. We look at the cryptography of video broadcasting and identity cards. We then examine the cryptography behind the Tor project, which use cryptography to support anonymous communication on the Internet. Finally, we examine the clever cryptographic design of Bitcoin, showing how use of cryptography can facilitate digital currency.
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Chin-Chong, Liew, and Zhou Ying. 9 China. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0009.
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This chapter examines the applicability of the law of set-off in China in cases involving solvent parties and against a party subject to a bankruptcy proceeding. It first explains statutory set-off under the Chinese Contract Law and contractual set-off between solvent parties before discussing set-off against insolvent parties, focusing on the relevant provisions of the Bankruptcy Law and requirements for insolvency set-off. It also considers the procedures for exercising the right to insolvency set-off, set-off right in the context of close-out netting in cross-border over-the-counter (OTC) derivatives transactions, restrictions on unfair preference for creditors and set-off, restrictions on banks' set-off rights against deposits, and set-off vis-a-vis clearing houses. The chapter concludes with an analysis of cross-border issues arising in set-off between solvent parties and against insolvent parties.
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Simon, Gleeson. Part III Investment Banking, 17 Derivatives, Clearing, and Exposures to CCPs. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198793410.003.0017.
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This chapter discusses requirements for derivatives, clearing and exposures to CCPs. In September 2009, as one of the primary policy responses to the crisis, G20 leaders at the Pittsburgh summit decided to promote central clearing of derivatives, and legislation is now in place to provide a framework for compelling banks to do this. However, clearing increases the risk exposures of banks providing that clearing service, since the bank retains the risks arising from the original derivative transaction, and adds to them any risks arising from the clearing process. In general, a bank will measure its derivative exposures using one of three methods: the Internal Model Method; the Standardized Method; or the Current Exposure Method. The risk weight is that which applies to the counterparty under the Standardized Approach (SA) or internal ratings-based approach for credit risk. However, these approaches will be replaced by the SA-CCR under Basel 3.
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Abbey, Robert, and Mark Richards. A Practical Approach to Conveyancing. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198860372.001.0001.
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A Practical Approach to Conveyancing takes a pragmatic, rather than academic, approach to conveyancing. It provides practical solutions to everyday problems encountered by conveyancing practitioners wishing to offer a cost-effective and efficient service. This volume offers a detailed and up-to-date exposition of the key principles and procedures underpinning the conveyancing process. The volume provides practical guidance on each stage of commercial and residential conveyances, with realistic sample documentation to aid in an approach of all aspects of a conveyancing transaction with confidence. This 22nd edition has been fully updated with recent developments in the area, including new SRA Standards and Regulations, the updated Conveyancing Protocol and Property Information Form, and the latest Law Society practice notes dealing with important issues such as client information requirements, flood risk, mortgage fraud, contaminated land, and money laundering. It also considers the new code for leasing business premises.
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Hopt, Klaus J. Groups of Companies. Edited by Jeffrey N. Gordon and Wolf-Georg Ringe. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780198743682.013.30.
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Groups of companies are common. The empirical data are heterogeneous. Agency problems arise between the controlling shareholder and the minority shareholders and between the shareholders and the creditors. Three regulatory models exist: regulation by general corporate and/or civil law (prototype: the UK); regulation by special group law (prototype: Germany); and regulation by areas of the law such as banking, competition, and tax. The main strategy is mandatory disclosure and group accounting. Related party transactions (including conflict of interest and tunneling) are dealt with by disclosure and consent requirements. In addition, appropriate standards for directors and controlling shareholders (corporate governance) have been developed. They become stricter, if insolvency is approaching. The concept of the shadow director extends liability to the controlling shareholder. Other mechanisms for creditor protection are indemnification, veil-piercing, subordination and substantive consolidation. A fair amount of international convergence exists as to shareholder protection, but not as to creditor protection.
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Antonio, Herrera. 31 Spain. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0031.
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This chapter discusses the law of set-off in Spain. Under Spanish law, set-off represents a means of extinguishing an obligation between a debtor and a creditor. Set-off occurs mainly as a form of payment rather than a guarantee. The chapter first considers set-off between solvent parties, focusing on the requirements of statutory set-off, set-off in case of assignment of credit rights, and set-off as a mechanism for creating security interests. It then examines set-off against insolvent parties, with emphasis on the scope of the prohibition set out in Article 58 of the Insolvency Act regarding set-off against an insolvent debtor and whether there are exceptions to this prohibition. The chapter also analyses set-off in financial transactions subject to Royal Decree Law 5/2005, along with cross-border situations relating to set-off against insolvent parties and choice of law with respect to set-off between solvent parties.
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Statutory requirements relating to insurance in the United States and Canada: Comprising all the requirements necessary for the admission and transaction of business in the states and in Canada by insurance companies of other states and foreign countries, corrected to Dec. 1, 1889. Hartford, Conn: Insurance Journal, 1985.
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34
Bell, Gary F. Formation of Contract and Stipulations for Third Parties in Indonesia. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0018.
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Indonesia is one of the most legally diverse and complex countries in the world. It practises legal pluralism with three types of contract law in force: adat (customary) contract laws, Islamic contract laws (mostly concerning banking), and the European civil law of contract, transplanted from the Netherlands in 1847, found mainly in the Civil Code (Kitab Undang-Undang Hukum Perdata). This chapter focuses on European civil law as it is the law used for the majority of commercial transactions. The civil law of contract is not well developed and there is a paucity of indigenous doctrine and jurisprudence, since most significant commercial disputes are settled by arbitration. The contours of the law are consistent with the French/Dutch legal tradition. In the formation of contracts, the subjective intention of the parties plays a greater role than in the common law. As with most jurisdictions with a Napoleonic tradition, the offer must include all the essential element of the contract, there is no concept of ‘invitations to treat’ or of ‘consideration’, the common law posting rule is rejected, and the contract is formed only when the acceptance is received. There are generally few requirements of form but some contracts must be in writing and some in a notarial deed.
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Watt, Gary. Equity & Trusts Law Directions. 7th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198869382.001.0001.
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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This book explains the key topics covered on equity and trusts courses. The content of the text is designed to emphasise the relationship between equity, trusts, property, contract and restitution to enable students to map out conceptual connections between related legal ideas. There is also a focus on modern cases in the commercial sphere to reflect the constantly changing and socially significant role of trusts and equity. The book starts by introducing equity and trusts. It then includes a chapter on understanding trusts, and moves on to consider capacity and formality requirements, certainty requirements and the constitution of trusts. Various types of trusts are then examined such as purpose, charitable, and variation trusts. The book then describes issues related to trusteeship. Breach of trust is explained, as is informal trusts of land. There is a chapter on tracing, and then the book concludes by looking at equitable liability of strangers to trust and equitable doctrines and remedies. This new edition includes coverage of significant recent cases, including the Supreme Court decision on interest to be paid by tax authorities on monies owed; the Supreme Court decision on the test of dishonesty applicable to civil matters; the Privy Council decision on the division of investment property acquired by cohabitants; the Court of Appeal decisions on Quistclose trusts; fiduciary duties in arms-length contracts; transactions prejudicing creditors; beneficiary anonymity in variation of trust cases; exemption clauses; discretion exercised beyond trustee’s authority; implications of GDPR for trustee disclosures; trustee personal liability; causation and equitable compensation; statutory relief for a professional trustee’s breach of trust; use of proprietary estoppel to reward work undertaken in farming families; costs of seeking court’s directions; injunctions ordered against persons unknown; equitable jurisdiction to rectify agreements.
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Simon, Gleeson. Gleeson on the International Regulation of Banking. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198793410.001.0001.
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Financial capital regulation drives almost every aspect of the financial markets, from the structures of financial groups and the way they raise capital to the development of investment structures and financial engineering such as derivatives, securitisations, structured finance, credit derivatives, repos, and stock lending. This third edition of the leading guide on the structure of bank financial regulation is invaluable for lawyers and other non-statisticians interested in the regulatory drivers which shape modern financial transactions and techniques. The legal and regulatory principles which underlie the regulations are articulated here in a structured and accessible format. Since the publication of the second edition, the final form of the Basel 3 international regulatory framework for banks has been agreed, and the new edition covers both Basel 3 and references the first tranche of rulebooks and secondary legislation to ensue as a result. The new edition also covers the new formal bank resolution and recovery regime which came into force in November 2016 requiring UK banks, building societies, and the large investment firms to demonstrate minimum requirements for eligible liabilities and own funds. Another key focus of this edition is bank structural reform. Whilst the implementation of the EU initiative stalled and was ultimately withdrawn, the UK has already implemented its own version which has had, and will continue to have, a significant impact on banking regulation.
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Chunyan, Ding. Contract Formation under Chinese Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0002.
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This chapter discusses the law on contract formation in Chinese law which largely follows the UN Convention on Contracts for the International Sale of Goods and the UNIDROIT Principles of International Commercial Contracts. An objective approach is adopted in determining the parties’ intentions but exceptions are allowed where parties have not accurately expressed their true agreement, the contract is a sham, or one party’s intentional false expression is known to the other. For a contract to be binding, its ‘essential elements’ must be agreed (names of the parties, subject matter, and quantity); other terms may be agreed by the parties after the conclusion of the contract or, failing that, determination by the court. In reality, however, courts use soft laws and the nature of the contract, to augment what is required. A purported acceptance which makes a ‘non-material’ alteration to the content of the offer can bind the offeror unless the offeror timely rejects it, but there is little scope for non-materiality. Nevertheless, even a materially varied acceptance can bind if the original offeror’s performance amounts to acceptance where the usage of transaction or the express terms of the offer allows acceptance by conduct. Furthermore, courts show willingness to recognize an acceptance by conduct of performance beyond these two situations. There is no general requirement of form for a valid contract, although exceptionally, laws or administrative regulations may require writing or approval/registration. There is no general requirement of consideration; gratuitous contracts are enforceable. However, the latter attract far less legal force than onerous contracts. An offer is irrevocable only if it is an option or if the offeree reasonably believes the offer is irrevocable and has made preparations for the performance of the contract. An acceptance takes effect only when it arrives. A late acceptance that is not attributed to the offeree is ineffective unless the offeror gives timely notice of its intention to ratify the acceptance. Electronic means of communication are treated in the same way as paper-based communications with specific rules to determine the time and place of contract formation and the validity of electronic signature. Reliance-based pre-contractual liability may be imposed, on the basis of the requirement of good faith, in the circumstances including negotiating with no intention of concluding a contract, intentional concealment of material facts, or breach of confidentiality.
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Hazel, Fox, and Webb Philippa. The Law of State Immunity. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198744412.001.0001.
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Revised and updated to include recent developments since 2013, this new edition provides a detailed guide to the operation of the international rule of State immunity which bars one State's national courts from exercising criminal or civil jurisdiction over claims made against another State. Building on the analysis of its two previous editions, it reviews relevant material at both international and national levels with particular attention to US and UK law; the 2004 UN Convention on Jurisdictional Immunities of the State and its Property (not yet in force), and also seeks to assess the significance of recent changes in the evolution of the law. Although the restrictive doctrine of immunity is now widely observed by which foreign States may be sued in national courts for their commercial transactions, the immunity rule remains controversial, not only by reason of the recognition of a single State's right to deny a remedy for a wrong — China, a major trading State, continues to adhere to the absolute bar — but also by the exclusion of any reparation or relief for the commission on the orders of a State of grave human rights violations. The complexity and moral challenge of the issues is illustrated by high profile cases. The expanding extraterritorial jurisdiction of national courts with regard to torture in disregard of pleas of act of State and nonjusticiability offers a further challenge to the exclusionary nature and continued observance of State immunity. Recent developments in key areas are examined, including: impleading; public policy and non-justiciability; universal civil jurisdiction for reparation for international crimes; the application of the employment exception to embassies and diplomats; immunity from enforcement and procedural measures; immunity of State officials, and tensions between national constitutional requirements and superior international norms.
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To the Council of the Corporation of the city of Toronto: The Board of Works, in compliance with the requirements of the "Act to provide for the better administration of the affairs of the Corporation", begs to submit the forty second and final report of its transactions for the current year .. [S.l: s.n., 1986.
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