Livres : « Default rules »

1

MacLeod, W. Bentley. Legal default rules : The case of wrongful discharge laws. Bonn, Germany : IZA, 2006.

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2

Goda, Gopi Shah. Incorporating employee heterogeneity into default rules for retirement plan selection. Cambridge, MA : National Bureau of Economic Research, 2010.

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3

Penalver, Adrian. Fiscal rules for debt sustainability in emerging markets : The impact of volatility and default risk. London : Bank of England, 2006.

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4

Office, General Accounting. Student loans : Direct loan default rates : report to Congressional Requesters. Washington, D.C : GAO, 2000.

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5

Office, General Accounting. Student loans : Default rates need to be computed more appropriately : report to Congressional requesters. Washington, D.C. (P.O. Box 37050, Washington, D.C. 20013) : The Office, 1999.

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6

Eichengreen, Barry J. The bail-in problem : Systematic goals, ad hoc means. Cambridge, MA : National Bureau of Economic Research, 2000.

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7

Office, General Accounting. Student loans : Characteristics of defaulted borrowers in the Stafford Student Loan Program : briefing report to the Chairman, Subcommittee on Education, Arts, and the Humanities, Committee on Labor and Human Resources, U.S. Senate. Washington, D.C : U.S. General Accounting Office, 1991.

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8

Office, General Accounting. Student loans : Direct loans could save money and simplify program administration : briefing report to the Chairman, Subcommittee on Postsecondary Education, Committee on Education and Labor, House of Representatives. Washington, D.C : The Office, 1991.

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9

Martinez, Leonardo, Juan Carlos Hatchondo et Francisco Roch. Fiscal Rules and the Sovereign Default Premium. International Monetary Fund, 2012.

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10

Martinez, Leonardo, Juan Carlos Hatchondo et Francisco Roch. Fiscal Rules and the Sovereign Default Premium. International Monetary Fund, 2012.

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11

Martinez, Leonardo, Juan Carlos Hatchondo et Francisco Roch. Fiscal Rules and the Sovereign Default Premium. International Monetary Fund, 2012.

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12

Statutory Default Rules : How to Interpret Unclear Legislation. Harvard University Press, 2008.

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13

Elhauge, Einer. Statutory Default Rules : How to Interpret Unclear Legislation. Harvard University Press, 2009.

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14

Magda, Raczynska. 4 Default Rules in the Absence of an Agreement. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198796138.003.0005.

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This chapter examines the default rules in English law with respect to the extent to which a holder of security interest or a title-based interest can assert a proprietary claim to a new or derived asset in cases where the agreement is silent as to such asset. It asks whether one who holds the proprietary interest in an asset can automatically assert rights in derived assets, particularly proceeds and fruits. The chapter first considers the ‘principle of substitutions and accretions’ in Buhr v Barclays Bank before discussing the question of whether a secured creditor has, by virtue of its interest, an automatic right to accretions, substitutes and fruits. It shows that there is no general principle in English law whereby security interests extend automatically to substitutes. In relation to fruits, the claims of secured creditors or holders of title-based interests depend primarily on their right to possess.

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Magda, Raczynska. 7 What Should a Default Proceeds Rule Be ? Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198796138.003.0008.

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This chapter examines the extent to which security interests and title-based interests should be asserted by default in proceeds, products and fruits of the original asset. It considers whether allowing or disallowing a secured creditor or a supplier to automatically have a proprietary interest in the proceeds, products and fruits should be a default or a mandatory rule. It also explains how the extent to which extending interests to proceeds, products or fruits affects the categorization of interests as security or title-based finance. After discussing the issue of reform of the English law governing secured transactions and title-based finance, the chapter analyses property law and economic efficiency considerations in shaping the default rules. It also looks at security in proceeds under Article 9 of the U.S. Uniform Commercial Code (UCC) and asks whether reform of the English law should follow Article 9 UCC.

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Scotland. Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 3) (Supervision Default Orders) 2016. Stationery Office, The, 2016.

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17

John, Choong. 8 Formation and Challenge of the Arbitral Tribunal : (SIAC RULES 9 TO 18). Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198810650.003.0008.

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The ability of parties to influence the constitution of their arbitral tribunal is an important manifestation of party autonomy in international arbitration. This chapter first discusses the means by which parties can do so pursuant to Rules 9 to 13. Specifically, Rule 9 covers the number and appointment of arbitrators; Rule 10 provides a default procedure for the nomination and appointment of a sole arbitrator should the parties fail to agree on a candidate; Rule 11 discusses the appointment of arbitrators; Rule 12 covers the multi-party appointment of arbitrator(s); and Rule 13 deals with the qualifications of arbitrators. The chapter then considers the procedures for, and consequences of, a party challenging an appointed arbitrator under Rules 14 to 18.

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William W, Park. Part III Arbitral Proceedings : Establishing the Facts and Applying the Law, C Procedural Norms, 2 Procedural Default Rules Revisited. Oxford University Press, 2012. http://dx.doi.org/10.1093/law/9780199657131.003.0037.

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19

Student loans : Default rates need to be computed more appropriately : report to congressional requesters. Washington, D.C : The Office, 1999.

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20

Arregi, Karlos. Focus Projection Theories. Sous la direction de Caroline Féry et Shinichiro Ishihara. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199642670.013.005.

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This chapter examines the phenomenon offocus projection: a sentence with prosodic marking of focus on a word can lead to ambiguity, in that different constituents containing the word can be interpreted as focused. Two general approaches to focus projection are compared. In Default Prosody analyses, focus projection is epiphenomenal, a consequence of general principles requiring that focus be prosodically prominent, coupled with default principles of default prominence. In the F-projection approach, focus projection is encoded more directly, in terms of licensing rules for F-marking on constituents. Overall, the evidence in the literature favors the Default Prosody approach, and this chapter concentrates on comparing these two general approaches, as well as briefly summarizing other aspects of focus projection. The chapter ends with discussion of Basque data that are problematic for widely assumed generalizations about focus projection, and a possible way of understanding the data in the Default Prosody approach.

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21

Gilles, Cuniberti. Ch.1 General Provisions, General Provisions II : Arts 1.4–1.5—Mandatory rules, Art.1.5. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0009.

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This commentary focuses on Article 1.5, which recognizes that the UNIDROIT Principles of International Commercial Contracts (PICC) are, with some exceptions, default rules that may be modified and, indeed, excluded, by the parties. In other words, the parties may exclude the application of the PICC or derogate from or vary the effect of any of their provisions, except as otherwise provided in the Principles. Art 1.5 does not mention any formal requirements for excluding or modifying the PICC. Thus, in accordance with Art 1.2 PICC, it must be concluded that exclusion or modification of the PICC may be either express or implied. Art 1.5 covers complete exclusion of the application of the PICC, derogation from or variation of particular provisions of the PICC, providing for the application of several legal regimes, and mandatory provisions of the PICC.

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22

De Pamphilis, Matteo. Rinegoziazione e default rule. Bononia University Press, 2020. http://dx.doi.org/10.30682/alph03.

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"Nella lunga vita di molti contratti, possono verificarsi eventi imprevisti che incrinano l’equilibrio, soprattutto economico, delle reciproche prestazioni. Il discorso intorno al diritto-dovere di rinegoziare gli accordi esposti a sopravvenienze è ormai un tema classico del diritto civile, che rispunta ciclicamente in occasione di eventi di rilevanza mondiale capaci di compromettere la tenuta di innumerevoli contratti in corso. La pandemia di COVID-19 è solo l’ultimo esempio in ordine di tempo. Questa ricerca si propone di individuare il miglior approccio giuseconomico per affrontare il dilemma della rinegoziazione, in prospettiva strutturale, cercando di coniugare le soluzioni proposte dagli interpreti del diritto civile con i contributi di analisi economica del diritto, nella prospettiva della riforma del codice civile italiano e della progressiva armonizzazione del diritto privato europeo e internazionale. In questo percorso, l’individuazione di una regola di default stabile e duratura per un contesto mutevole e multiforme è forse la contraddizione in termini che più vale la pena affrontare. Matteo de Pamphilis, dopo la laurea in Giurisprudenza e il conseguimento del dottorato di ricerca in Diritto civile nell’Università di Bologna, collabora con la stessa Alma Mater come professore a contratto e tutor didattico in materie privatistiche. Negli ultimi anni è stato docente degli insegnamenti in lingua inglese Planning and public intervention in the lifestyle and health sector e Public and private action for the development of services nel corso di laurea magistrale in Wellness culture: sport, health and tourism. È socio aggregato dell’Associazione Civilisti Italiani e svolge la professione di avvocato nel Foro di Bologna, prevalentemente nel settore civile, commerciale e concorsuale."

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V V, Veeder. Part I International Arbitration Law, Arbitral Jurisdiction, and Arbitral Institutions, 3 The New 2014 LCIA Rules : An Introductory Explanation. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198783206.003.0004.

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This chapter discusses the revised rules of the London Court of International Arbitration (LCIA). The revisions fall into two basic groups: changes to correct earlier drafting inconsistencies (from 1981 to 1998), inaccurate reflections of actual LCIA practice, and excessively English legal language for an international arbitration; and new procedures decided by the LCIA. These revisions include the increased use of electronic communications by parties with the LCIA registry and LCIA tribunals, particularly for starting an LCIA arbitration; the procedure for an emergency arbitrator; changes to the default arbitral seat of an LCIA arbitration; the consolidation, etc., of different arbitrations for multi-party disputes; and a solution to the ‘Slovenia’ problem regarding potential conflicts between an arbitrator and a party’s legal representative.

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Student loans : Default rates at historically black colleges and universities : fact sheet for the Honorable Paul Simon, U.S. Senate. Washington, D.C : The Office, 1993.

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25

Gisborne, Nikolas, et Andrew Hippisley. Defaults in linguistics. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198712329.003.0001.

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The notion of default and override can serve linguistic analysis in different ways. In the lexicon defaults are used for the resolution of rule competition, to capture lexical blocking, to select the right stem where there are choices, and when used in inheritance systems to provide for instances that do not meet every characteristic of their class allowing exceptionality to be expressed as semi-regularity. Defaults in syntax and semantics play a more organizational, ontological role, expressing markedness in lists of features and their possible values and resolving conflicts that may arise when two sub-systems intersect. The chapters discuss how defaults and overrides can address specific linguistic phenomena, suggest an architecture of the grammar, and assess the role of morphology in language and cognition.

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DeSombre, Elizabeth R. Habits and Other Routines. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190636272.003.0005.

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Much of what we do is not the result of carefully planned action. We instead follow simplified decision rules, or routines, adopted—consciously or not—to allow us to engage in daily activities without too much mental effort. Businesses, likewise, create standard operating procedures that allow systematic and efficient operations. When those habits have environmentally problematic implications, then even when people intend to make environmentally beneficial choices their habits may override their intentions. Recognizing the power of habit allows for the possibility of using habit to change behavior efficiently. We can also structure institutional processes to make it easier for people to form good environmental habits. People also generally accept the default option, so making the environmentally preferable option the default makes it more likely to be chosen. Working to create automaticity in positive behaviors (and avoid it in problematic ones) can be an important tool for environmental protection.

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Loporcaro, Michele. Grammatical gender in Romance. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199656547.003.0003.

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The most widespread type of gender system is exemplified with Spanish, Portuguese, Catalan, French, Italian, and Sardinian data. These languages all have parallel binary systems, with the masculine selected by default (e.g. for gender resolution, non-agreement, or—in most cases—agreement with non-nominal controllers). While dialect variation is covered in the following chapters, here a flavour thereof is conveyed by introducing binary convergent systems, which represent a further development (due to sound change merging agreement targets in the plural) of the mainstream binary system. The chapter then reviews semantic and formal assignment rules. Romance gender systems are never entirely semantic, but they always have a semantic nucleus: names of male/female human beings and sex-differentiable animals are assigned masculine and feminine via semantic rule in all Romance languages. These differ widely in the extent to which formal (morphological and phonological) rules are at work, and in how these look.

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Sime, Stuart. A Practical Approach to Civil Procedure. 25^e éd. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192859365.001.0001.

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A Practical Approach to Civil Procedure guides the reader through the procedural requirements employed in the civil courts. The volume provides an overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation claim. Providing practical guidance, the text charts the progress of a typical civil litigation claim, from funding litigation, the importance of alternative dispute resolution processes, issuing and serving proceedings, case management, and through to trial, enforcement, and appeal. Relevant sample documentation is featured throughout and introduces the forms and documents which will be encountered in practice, while key points summaries featured at the end of chapters highlight the essential points covered. This edition has been revised to incorporate rule changes up to the Civil Procedure (Amendment) Rules 2022 and the 144^th Update. Changes incorporated into the new edition include: • Replacement rules on acknowledging service • Replacement rules on default judgment • New track allocation rules for road traffic accident claims • Case law developments on Qualified One-Way Costs Shifting • New Supreme Court decision on limitation • Revised PD 51U on disclosure of documents in the Business and Property Courts • Case law developments on privilege • Recent developments on seeking permission to appeal • Measures to assist vulnerable parties and witnesses • Developments on search orders and case law on imaging orders • End of the Siskina rule in relation to interim injunctions and freezing orders • Broad Idea v Convoy Collatera and its impact on freezing injunctions

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Student loans : Default rates at historically black colleges and universities : report to the ranking minority member, Committee on Economic and Educational Opportunities, House of Representatives. Washington, D.C : The Office, 1997.

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Student loans : Default rates at historically black colleges and universities : report to the ranking minority member, Committee on Economic and Educational Opportunities, House of Representatives. Washington, D.C : The Office, 1997.

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31

Stefan, Vogenauer. Ch.5 Content, third party rights and conditions, s.2 : Third party rights, Introduction to Section 5.2 of the PICC. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0093.

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Section 5.2 of the UNIDROIT Principles of International Commercial Contracts (PICC) deals with contracts in favour of third parties. It covers the creation of a third party right by way of contract and includes the basic rule that provides for the validity and enforceability of contracts in favour of third parties and states the requirements for bringing a third party right into existence. It also defines the rights and duties of the parties in the triangular relationship arising from a contract in favour of a third party. These provisions provide default rules for the conflict of interests typically arising between the three parties involved. Section 5.2 also discusses the defences of the promisor, the extent of the original parties' power to modify or revoke the third party's right, and the right of the third party to renounce the benefit conferred upon it.

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Sonja, Meier. Ch.11 Plurality of obligors and of obligees, s.1 : Plurality of Obligors, Introduction to Section 11.1 of the PICC. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0213.

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Section 11.1 of the UNIDROIT Principles of International Commercial Contracts (PICC) deals with the plurality of obligors in a contractual setting. Questions of a plurality of obligors arise in various circumstances. Several obligors may jointly bind themselves towards the obligee in a single promise or a single contract. If is only one obligor, a second party may bind itself towards the obligee to perform the same obligation. Several persons may be responsible for the same damage, or may have stood surety for the same debt. Section 11.1 describes two kinds of plurality, namely joint and several obligations, on the one hand, and separate obligations, on the other hand, with a default rule in favour of joint and several obligations. It also addresses rules for joint and several obligations, the relationship between obligors and obligee, and the internal relationship between the obligors.

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Giles, Cynthia. Next Generation Compliance. Oxford University PressNew York, 2022. http://dx.doi.org/10.1093/oso/9780197656747.001.0001.

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Abstract Nearly everyone accepts as gospel two assumptions: compliance with environmental rules is good, and enforcement is responsible for making compliance happen. Both are wrong. In fact, serious violations of environmental regulations are widespread, and by far the most important driver of compliance results is not enforcement but the structure of the rule itself. In Next Generation Compliance: Environmental Regulation for the Modern Era, Cynthia Giles shows that well-designed regulations deploying creative strategies to make compliance the default can achieve excellent implementation outcomes. Poorly designed rules that create many opportunities to evade, obfuscate, or ignore will have dismal performance that no amount of enforcement will ever fix. Rampant violations have real consequences: unhealthy air, polluted water, contaminated drinking water, exposure to dangerous chemicals, and unrestrained climate-forcing pollution. They also land hardest on already overburdened communities—that’s why Next Gen and environmental justice are tightly linked. The good news is there are tools to build much better compliance into regulations, including many tested strategies that can be the building blocks of programs that withstand the inevitable pressures of real life. Next Generation Compliance shows how regulators can avoid the compliance calamities that plague far too many environmental rules today, a lesson that is particularly urgent for regulations tackling climate change. It has an optimistic message: there are ways to ensure reliable results, if regulators jettison incorrect assumptions and design rules that are resilient to the mess and complexity of the real world.

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Spagna, Irene. Becoming the World’s Biggest Market. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190864576.003.0002.

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This chapter analyzes the growth of OTC derivatives before the global financial crisis of 2008 and the role of credit default swaps, in particular, in the near collapse of the global economy. It begins by exploring the basic characteristics of derivatives used as risk management instruments by investors to hedge against or exploit the volatility of asset prices. The analysis further reveals that the pre-crisis period was characterized by a broad-based consensus favoring deregulated markets and globally designed private rules. While not always unanimously supported, permissive public regulatory choices were often encouraged by interest group lobbying, the market-friendly views of many domestic authorities, and concerns about regulatory uncertainty and international competitiveness.

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Sacerdoti, Giorgio. The Prospects : The UK Trade Regime with the EU and the World. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198811763.003.0004.

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The chapter provides a thorough examination of the options available to the UK to trade with the EU and the rest of the world. Sacerdoti departs from the understanding that the UK will not remain part of the EU single market or the EU customs union—as clearly indicated by UK Prime Minister May. Sacerdoti considers what could be the features of the new ambitious free trade agreement between the UK and the EU, and explains what would instead be the default rules of the World Trade Organization (WTO), The international trade conditions set by WTO rules are significantly worse than those currently enjoyed by the UK as a member of the EU. Sacerdoti, instead, sees no problem in the UK inheriting the WTO schedule of the EU, and even suggests that the pre-WTO Global Agreement on Trade and Tariffs (GATT) may provide a custom-made solution to keep border-free trade between Northern Ireland and Ireland under the so-called ‘frontier traffic exception’.

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Sime, Stuart. A Practical Approach to Civil Procedure. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198838593.001.0001.

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A Practical Approach to Civil Procedure guides the reader through the procedural requirements employed in the civil courts. The volume provides an overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation claim. Providing practical guidance, the text charts the progress of a typical civil litigation claim, from funding litigation and issuing and serving proceedings, through to trial, enforcement, and appeal. Full coverage of alternative dispute resolution is also included. Relevant sample documentation is featured throughout and introduces the forms and documents which will be encountered in practice, while key points summaries featured at the end of chapters highlight the essential points covered. This edition has been revised to incorporate rule changes up to the Civil Procedure (Amendment) Rules 2019 and the 105th Update. Changes incorporated into the new edition include the pilot scheme for disclosure of documents in the Business and Property Courts. Among the many recent cases incorporated into the text are MacDonald v D & F Contracts Ltd which marks a departure from the traditional approach on whether it is possible to enter a default judgment after late filing of the defence; a number of cases on enforcing the undertakings in damages given in interim injunction applications, costs management and qualified one-way costs shifting, and Supreme Court decision on service against unnamed defendants in Cameron v Liverpool Insurance.

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Roy, Goode, Kronke Herbert et McKendrick Ewan, dir. Part II A View Through Illustrative Contracts and Harmonizing Instruments, 14 International Interests in Mobile Equipment and the Cape Town Convention and Aircraft Protocol : Adding a New Dimension to International Lawmaking. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198735441.003.0015.

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This chapter is devoted to the 2001 Cape Town Convention on international interests in mobile equipment and its associated Aircraft Protocol sponsored by UNIDROIT and ICAO. Both instruments have secured a large number of ratifications. Their 99 provisions cover a wide range of issues relating to security and quasi-security interests in aircraft objects, railway rolling stock and space assets. The chapter examines the principles underlying the Convention, its sphere of application, the default remedies, the provisions relating to the International Registry for the registration of international interests and sales and the priority rules based on the order of registration. Key features of the overriding provisions of the Aircraft Protocol are also identified, including strong creditors' remedies in the event of the debtor's insolvency, remedies which are considered a key features in reducing the risks and costs of aviation finance.

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Magda, Raczynska. Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198796138.003.0001.

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This book examines the proprietary protection of the key forms of proprietary interests arising in commercial transactions. The focus is on the so-called lesser proprietary interests, interests which are less than absolute interests and are created in favour of suppliers of goods under a contract of sale with title-based interests and consensual security interests. The book considers tracing, the process of identifying an asset later in time in relation to an asset earlier in time. Chapters discuss the legal structure of proprietary interests, the ways in which those proprietary interests are lost, how new assets can derive from other assets, the default rules governing proprietary interests in derived assets outside contract and outside misapplication of assets, and the issues with contracts that provide for proprietary interests in derived assets. The book also analyses issues that arise from proprietary claims to derived assets where the originally held asset was misapplied.

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Magda, Raczynska. Conclusion. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198796138.003.0009.

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This book has examined the default rules governing proprietary interests in derived assets and the issues with contracts that provide for proprietary interests in such assets. It has analysed the circumstances that allow the secured creditor or supplier to make a proprietary restitutionary claim to proceeds of unauthorised dispositions of assets subject to security interests and title-based interests. It has shown that security interests and title-based interests extend to accretions, which become part of the original asset and, with the exception of pledges, to mixtures. It has proposed a new structure of the legal relationship between parties to secured transactions and title-based transactions. The book has also considered the difference in treatment between fruits (income) and substitutes by citing Article 9 of the U.S. Uniform Commercial Code. Finally, it has discussed whether a ‘principle of substitutions’ is supported under the current English law.

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Sonja, Meier. Ch.11 Plurality of obligors and of obligees, s.2 : Plurality of obligees, Art.11.2.1. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0228.

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This commentary analyses Article 11.2.1 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning definitions related to the plurality of obligees. Art 11.2.1 defines three types of plurality of obligees which the parties can stipulate in their contract: separate claims, joint and several claims, and joint claims. There is no rule as to when one of these claims arises, and no default rule. This commentary discusses two types of plurality of obligees not mentioned in Art 11.2.1, namely communal claims and common law joint claims. It also considers the presumption of separate claims, noting that the PICC do not provide for any default rule for cases where the terms of the contract are silent on this matter.

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Francesca, Mazza. Ch.9 Assignment of rights, transfer of obligations, assignment of contracts, s.3 : Assignment of contracts, Art.9.3.5. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0197.

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This commentary analyses Article 9.3.5 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the circumstances under which the assignor (that is, the original obligor with respect to the transferred obligations) is discharged. As a default rule, Art 9.3.5(3) applies, unless the other party has agreed to discharge the assignor under Art 9.3.5(1) or (2). Under Art 9.3.5(3), the assignor and the assignee are jointly and severally liable. Transfer of contracts may involve the transfer of a number of obligations. In this event, the other party may choose to exercise different options in respect of the different obligations. Art 9.3.5(3) does not require the other party to express a choice. If it remains silent, the default rule of joint and several liability applies.

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press, nr grate. I Am a Maine Dog Lady You Are a Crazy People Person : Cute Dog Lover for Women Default Ruled Notebook, Great Accessories and Gift Idea for Dog Owner and Lover. Default Ruled Notebook with an Inspirational Quote. Independently Published, 2020.

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press, nr grate. I Am a Mixed Breed Dog Lady You Are a Crazy People Person : Cute Dog Lover for Women Default Ruled Notebook, Great Accessories and Gift Idea for Dog Owner and Lover. Default Ruled Notebook with an Inspirational Quote. Independently Published, 2020.

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press, nr grate. I Am a Rhode Island Dog Lady You Are a Crazy People Person : Cute Dog Lover for Women Default Ruled Notebook, Great Accessories and Gift Idea for Dog Owner and Lover. Default Ruled Notebook with an Inspirational Quote. Independently Published, 2020.

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45

Magda, Raczynska. The Law of Tracing in Commercial Transactions. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198796138.001.0001.

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A pressing problem often facing commercial practitioners is how to determine the principle which would dictate when a proprietary claim is available and when it is not. This book explains the nature and structure of key interests in property in commercial transactions and analyses the incidence of proprietary claims available to holders of different interests in assets. It starts by identifying the structure of those interests which the author terms ‘lesser proprietary interests’, comprising security interests and interests based on retention of title in contracts of sale of goods, hire-purchase agreements, and leases, thereby contributing to the understanding of concepts which are traditionally used to explain this area of law such as bailment and fiduciary relationship. The book examines the circumstances in which the interests are lost and the extent to which proprietary claims can be asserted in assets that derive from the original subject matter, that is proceeds, products and income, as well as in accretions. It examines these claims at three levels: as a matter of default rules in the absence of misappropriation of the original subject matter; as a matter of contract; and in circumstances in which the original subject matter has been misappropriated. The book approaches the topic of tracing and derived assets in commercial transactions on a principled basis.

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Francesca, Mazza. Ch.9 Assignment of rights, transfer of obligations, assignment of contracts, s.2 : Transfer of obligations, Art.9.2.5. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0189.

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This commentary analyses Article 9.2.5 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the circumstances under which the original obligor is discharged. According to Art 9.2.5, the obligee may discharge the original obligor or retain the original obligor as an obligor in case the new obligor does not perform properly. Otherwise the original obligor and the new obligor are jointly and severally liable. As a default rule, Art 9.2.5(3), which provides for the joint and several liability of the original and new obligor, applies unless the obligee has agreed to discharge the original obligor by virtue of Art 9.2.5(1) or (2). Art 9.2.5(3) stipulates that the obligee is not required to express a choice. If it remains silent, the default rule of joint and several liability applies. The burden of proof lies with the original obligor to provide persuasive evidence that it has been fully or partially discharged.

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Gwyn, Azaria. Why Is Straight : Simon Spier the Default Wide Ruled Notebook, Journal for Writing, Size 6 X 9 , 110 Pages. Independently Published, 2020.

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Design, Creative Dog. German Shepherd Welcome People Tolerated : Cute German Shepherd Default Ruled Notebook, Great Accessories & Gift Idea for German Shepherd Owner & ... Ruled Notebook With An Inspirational Quote. Independently published, 2019.

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Design, Creative Dog. I'M A PUG TRAINER WHAT'S YOUR SUPERPOWER ? : Cute Pug Default Ruled Notebook, Great Accessories & Gift Idea for Pug Owner & Lover.Default Ruled Notebook With An Inspirational Quote. Independently Published, 2019.

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Journal, Creative Dog Design. MY BULLDOG IS SMARTER THAN YOUR PRESIDENT : Cute Bulldog Default Ruled Notebook, Great Accessories & Gift Idea for Bulldog Owner & Lover.Default Ruled Notebook With An Inspirational Quote. Independently published, 2019.

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