Jonas Atmaz Al Sibaie – författare
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2 produkter
2 produkter
1 778 kr
Kommande
Rescission is the principal mechanism by which voluntarily assumed obligations and transactions are unwound. It is important to a range of commercial and non-commercial transactions and is raised regularly before courts at all levels. Despite this prevalence, the law on rescission remains poorly understood and riddled with controversies. Issues in the Law of Rescission brings together leading academics to tackle some of the most challenging and pressing issues facing the law of rescission. Across 11 chapters, it addresses theoretical issues, such as the proper structure of rescission, the justification for powers to rescind, and rescission's relationship to the law of unjust enrichment. The various chapters also offer guidance on specific doctrinal issues, ranging from the grounds of rescission to practical difficulties in establishing the grounds, bars to rescission, rescission in the context of corporate transacting, fiduciary relationships, and gift-giving, and the proprietary consequences of rescission. The chapters carefully set out the existing law, critique difficult decisions, and chart a path forward, offering guidance on how future disputes should be resolved. With fresh and compelling arguments for what the law is and how open questions ought to be resolved, Issues in the Law of Rescission will form an essential part of any commercial lawyer's library.
1 663 kr
Kommande
This collection critically examines the current condition of personal property law and scholarship in light of significant conceptual, technological, and commercial advancements in the 21st century.In 2000, Peter Birks lamented that ‘our personal property law is in a bad state’. The subject’s foundations are poorly understood, and the present century has brought with it a raft of changes which the law of personal property has been required to address. In this context, it is more important than ever that personal property law is keenly studied and properly understood.This book considers personal property law from both a theoretical and a practical perspective. If we are to have a functioning personal property law that is capable of addressing modern challenges, it must be based on firm foundations and appropriately situated within our broader private law. To that end, this collection contains 15 chapters from renowned academics on the nature and scope of the subject and its fundamental concepts.Beyond this, the book considers whether our existing personal property law has appropriately dealt with the commercial, technological, and social advancements that the 21st century has brought with it. It contains chapters addressing the legal treatment of digital assets, the legal effect of modern commodity financing arrangements, and contemporary issues in the law of sale.