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Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law Volume 2


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The seminal text on the transnational/comparative law of trade and commerce

Table of Contents

Chapter 1: Transnational Contract Law 1 Part I General 1.1 Introduction 1.2 Formation of Contracts in Civil and Common Law 1.3 The Normative Interpretation Technique in Practice: The Civil Law Notion of Good Faith, the Common Law Alternatives, Liberal Interpretation and the Role of Other Sources of Private Law 1.4 Performance of the Contract, Defences, Default, Excuses, Termination 1.5 Privity of Contract 1.6 The UNIDROIT and European Principles of Contract Law. The Vienna Convention and UCC Compared. The Draft Common Frame of Reference in the EU and the Draft EU Regulation on a Common European Sales Law Part II Contracts for the International Sale of Goods 2.1 The Main Aspects of the International Sale of Goods 2.2 Ancillary Arrangements in International Sales. The Role of Intermediaries and Documents 2.3 The Uniform International Sales Laws. The Vienna Convention or CISG Part III Contractual Agency 3.1 The General Notion of Agency 3.2 International Aspects of Agency Chapter 2: Transnational Movable Property Law Part I Ownership, Possession and Limited, Future, Conditional or Temporary Proprietary Rights in Chattels and Intangible Assets 1.1 Introduction 1.2 The Types of Proprietary Rights in Civil Law 1.3 The Types of Proprietary Rights in Common Law: The Practical Differences from Civil Law. Modern Functional Theories 1.4 Transfer of Proprietary Rights in Chattels in Civil and Common Law 1.5 Proprietary Rights in Intangible Assets in Civil and Common Law 1.6 Trusts. Constructive and Resulting Trusts, Tracking and Tracing. Agency. The Civil Law Response 1.7 Secured Transactions and Conditional or Finance Sales. Floating Charges 1.8 Private International Law Aspects of Chattels 1.9 Private International Law Aspects of Assignments 1.10 The Modern Law of Chattels and Intangibles 1.11 The European Draft Common Frame of Reference 1.12 Uniform or Harmonised Statutory or Treaty Law. The Alternative of Transnationalisation and the Need for and Emergence of a Dynamic Movable Property Law Part II Negotiable Documents of Title and Negotiable Instruments 2.1 The Role of Documents 2.2 Negotiable Instruments 2.3 The Dematerialisation of Documents of Title and Negotiable Instruments; Electronic Transfers Part III Investment Securities 3.1 The Different Types of Shares and Bonds 3.2 The Transnationalisation of Custodial and Settlement Systems and its Opportunities

About the Author

Jan H Dalhuisen is Professor of Law at King's College London and Chair in Transnational Financial Law at the Catholic University in Lisbon. He is Visiting Professor at the University of California Berkeley and former Visiting Professor at the Tsinghua University in Beijing, the University of Hong Kong, the University of Singapore (NUS), Tel Aviv University, the University of New South Wales in Sydney, Australia, and the University of Utrecht in The Netherlands.

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