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Book
The payment order of antiquity and the Middle Ages : a legal history
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ISBN: 1847318665 1472561031 1280125551 9786613529411 1847318436 9781847318435 9781280125553 9781849460521 1849460523 9781847318664 9781472561039 Year: 2011 Publisher: Oxford Portland, OR Hart Publishing

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Abstract

Examining the legal history of the order to pay money initiating a funds transfer, the author tracks basic principles of modern law to those that governed the payment order of Antiquity and the Middle Ages. Exploring the legal nature of the payment order and its underpinning in light of contemporary institutions and payment mechanisms, the book traces the evolution of money, payment mechanisms and the law that governs them, from developments in Ancient Mesopotamia, Ancient Greece, Rome, and Greco-Roman Egypt, through medieval Europe and post-medieval England. Doctrine is examined in Jewish, Islamic, Roman, common and civil laws. Investigating such diverse legal systems and doctrines at the intersection of laws governing bank deposits, obligations, the assignment of debts, and negotiable instruments, the author identifies the common denominator for the evolving legal principles and speculates on possible reciprocity. At the same time he challenges the idea of 'law merchant' as a mercantile creation. The book provides an account of the evolution of payment law as a distinct cohesive body of legal doctrine applicable to funds transfers. It shows how principles of law developed in tandem with the evolution of banking and in response to changing circumstances and proposes a redefinition of 'law merchant'. The author points to deposit banking and emerging technologies as embodying a great potential for future non-cash payment system growth. However, he recommends caution in predicting both the future of deposit banking and the overall impact of technology. At the same time he expresses confidence in the durability of legal doctrine to continue to evolve and accommodate future payment system developments


Book
Back from the brink
Authors: --- --- ---
ISBN: 1442690119 1442611014 9781442611016 9781442641921 1442641924 9781442690110 Year: 2016 Publisher: Toronto Buffalo London

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"As global markets toppled during the 2008 financial crisis, the Canadian market for non-bank asset-backed commercial paper (ABCP) seemed on the verge of collapsing. Fueled by a top rating from DBRS, ABCP had found its way into the portfolios of some of Canada's most sophisticated investors as well as vulnerable retail investors who didn't know what they were holding. The failure of the $32 billion market could have tipped Canadian and foreign credit default swap markets into chaos if it weren't for the swift actions of a few powerful asset holders. Collectively, through the Montreal Accord and led by veteran Canadian lawyer Purdy Crawford, they managed to hold the Canadian ABCP market back from the brink of collapse by crafting a complex and innovative solution. Back from the Brink goes behind the scenes of the ABCP crisis to examine how a solution was reached and lessons learned that could prevent or mitigate future crises. The authors also examine the imaginative use of the Companies' Creditors Arrangement Act and describe the roles played by the banks, the major investors, rating agencies, and the financial regulators in the crisis's origins and conclusions. Back from the Brink holds important lessons for anyone interested in Canadian law, the future of complex investments, and Canada's capital markets."--

Keywords

Asset-backed financing --- Banks and banking --- Negotiable instruments --- Capital market --- Investments --- Financial crises --- Global Financial Crisis, 2008-2009. --- Asset-backed securities --- Asset-based financing --- Asset securitization --- Securitization, Asset --- Corporations --- Covered bonds --- Bills and notes --- Bills of credit --- Commercial paper --- Credit, Bills of --- Credit, Titles of --- Instruments, Negotiable --- Negotiable notes --- Negotiable paper --- Titles of credit --- Choses in action --- Commercial documents --- Commercial law --- Legal instruments --- Drafts --- Financial instruments --- Capital markets --- Market, Capital --- Finance --- Financial institutions --- Loans --- Money market --- Securities --- Crowding out (Economics) --- Efficient market theory --- Crashes, Financial --- Crises, Financial --- Financial crashes --- Financial panics --- Panics (Finance) --- Stock exchange crashes --- Stock market panics --- Crises --- Global Economic Crisis, 2008-2009 --- Subprime Mortgage Crisis, 2008-2009 --- Law and legislation --- Global Financial Crisis, 2008-2009 --- Global Financial Crisis (2008-2009) --- E-books --- 2008-2009 --- Canada. --- Canada (Province) --- Canadae --- Ceanada --- Chanada --- Chanadey --- Dominio del Canad --- Dominion of Canada --- Jianada --- Kʻaenada --- Kanada --- Ḳanadah --- Kanadaja --- Kanadas --- Ḳanade --- Kanado --- Kanak --- Province of Canada --- Republica de Canad --- Yn Chanadey --- Dominio del Canadá --- Kaineḍā --- Kanakā --- Republica de Canadá

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