Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law 3 VOLUME SET

Jan H Dalhuisen is Professor of Law at King's College London and Miranda Chair in Transnational Financial Law in the Catholic Universtity in Lisbon. He is a Visiting Professor at the University of California at Berkeley and former Visiting Professor at the Tsinghua University in Beijing, the University of Hong Kong and the University of New South Wales in Sydney Australia.

VOLUME 1
Part I: The Transnationalisation of Commercial and Financial Law. The Law Concerning Professional Dealings
1.1 Introduction
1.2 The Origin of Civil Law. Its Traditional Approach to Law Formation and to the Operation of Private Law especially Commercial and Financial Law
1.3 The Origin and Evolution of the Common Law. Its Approach to Law Formation and to the Operation of Private Law
1.4 The Sources of Law in the Civil and Common Law Tradition. The Approach in Transnational Private Law and the Hierarchy of Sources of Law and their Norms in the Modern Lex Mercatoria
1.5 Cultural, Sociological and Economic Undercurrents in the Formation of Transnational Commercial and Financial Law (Modern Lex Mercatoria). Different Legal Orders, their Manifestation, and the Competition
between Them
Part II: The Nature, Status and Function of Private International Law
2.1 Modern Private International Law
2.2 The Modern European and US Approaches to Conflicts of Law
2.3 Interaction of Private International Law and Uniform Law
Part III: The Operation and Substance of Transnational Commercial and Financial Law or the Modern Lex Mercatoria
3.1 The Lex Mercatoria, Interrelation with Private International Law, Legitimation
3.2 The Hierarchy of Norms: Elaboration
3.3 Operation of the Lex Mercatoria. Objections
VOLUME 2
Chapter 1: Transnational Contract Law
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, 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 with 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 (DCFR)
1.12 Uniform or Harmonised Statutory Law or Transnationalisation
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
VOLUME 3
Chapter 1: Financial Products and Services
Part I: Secured Transactions, Finance Sales and Other Financial Products and Services
1.1 Civil and Common Law Approaches. Credit Cultures and Transnationalisation
1.2 The Situation in the Netherlands
1.3 The Situation in France
1.4 The Situation in Germany
1.5 The Situation in the UK
1.6 The Situation in the USA
Part II: Financial Products and Funding Techniques. International and Regulatory Aspects
2.1 Finance Sales as Distinguished from Secured Transactions in Civil and Common Law: The Re-Characterisation Risk
2.2 Modern Security Interests: The Example of the Floating Charge
2.3 Receivable Financing and Factoring. The 1988 UNIDROIT Factoring Convention and the 2001 UNCITRAL Convention on the Assignment of Receivables in International Trade
2.4 Modern Finance Sales: The Example of the Finance Lease
2.5 Asset Securitisation and Credit Derivatives. Covered Bonds
2.6 Derivatives, Their Use and Transfers. The Operation of Derivatives Markets. Clearing and Settlement and the Function of Central Counterparties (CCPs)
2.7 Institutional Investment Management, Funds, Fund Management and Prime Brokerage
Part III: Payments, Modern Payment Methods and Systems. Set-off and Netting as Ways of Payment. International Payments. Money Laundering
3.1 Payments, Payment Systems. Money and Bank Accounts
3.2 The Principles and Importance of Set-off and Netting
3.3 Traditional Forms of International Payment
3.4 Money Laundering
Part IV: Security Entitlements and Their Transfers through Securities Accounts. Securities Repos
4.1 Investment Securities Entitlements and Their Transfers (Either Outright, Conditionally or as Security). Securities Shorting, Borrowing and Repledging. Clearing and Settlement of Investment Securities
4.2 Investment Securities Repos
Part V: Dispute Resolution in International Finance
5.1 Arbitration in International Finance. Comparison with the Role of Ordinary Courts. The Emergence of P.R.I.M.E. Finance
5.2 P.R.I.M.E. Finance
Chapter 2: Financial Risk, Financial Stability and the Role of Financial Regulation
Part I: Financial Services, Financial Service Providers, Financial Risk and Financial Regulation
1.1 Domestic and Cross-Border Financial Services. Regulatory Impact
1.2 The Essentials of Commercial Banking
1.3 The Essentials of the Investment Securities Business and its Regulation
Part II: International Aspects of Financial Services Regulation: the Effects of Globalisation and the Autonomy of the International Capital Markets. The Developments in GATT/WTO, the EU and BIS/IOSCO/IAIS
2.1 The Globalisation of the Financial Markets and the Informal Liberalisation of Finance
2.2 The Formal Regime for the Freeing of the Movement of Goods, Services, Current Payments and Capital after World War II
2.3 The Creation of the EEC and its Evolution into the EU
2.4 The Effects of Autonomous Globalisation Forces on Financial Activity and its Regulation in the EU
2.5 Developments in the BIS, IOSCO and IAIS. The International Harmonisation of the Capital Adequacy Regime (Basel I, II and III)
Part III: The EU Regulations and Directives Concerning the Internal Market in Financial Services: Early Action, the European Passport, the 1998 EU Action Plan for a Single Market in Financial Services, and Further Action Following the 2008 Financial Crisis
3.1 Early EU Concerns and Action in the Regulated Financial Service Industries
3.2 The Early EU Achievements in the Regulation of Financial Services
3.3 The European Passport
3.4 The 1998 EU Action Plan for Financial Services
3.5 The Details of the Third Generation Directives and their Revamping under the 1998 Action Plan
3.6 Other EU Regulatory Initiatives in the Financial Area
3.7 The EU during and after the Financial Storm