“While providing a wealth of intensely practical information, its heart is highly conceptual and very ambitious... likely to become a classic text in its field.” - American Journal of Comparative Law (review of the 1st edition)Volume 5 of this new edition uses the insights developed in Volumes 3 and 4 to deal with financial products and financial services, the structure and operation of banking and of the capital markets, and the role of modern commercial and investment banks. Sections on products and services address blockchain and its potential in the payment system, in securitisations, in the custodial holdings of investment securities, and in the derivative markets.This magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law.
Jan H Dalhuisen is Professor of Law at King's College London, UK, and Chair in Transnational Financial Law at the Catholic University of Portugal in Lisbon.
Part 1: Secured Transactions, Finance Sales and Other Financial Products and Services1. Civil and Common Law Approaches to Financial Law. Credit Cultures and Transnationalisation2. The Situation in the Netherlands3. The Situation in France4. The Situation in Germany5. The Situation in the UK6. The Situation in the USPart 2: Financial Products and Funding Techniques. Private, Regulatory and International Aspects1. Finance Sales as Distinguished from Secured Transactions: The Recharacterisation Issue and Risk Revisited2. Modern Security Interests: The Example of the Floating Charge3. Receivable Financing and Factoring. The 1988 UNIDROIT Factoring Convention and the 2001 UNCITRAL Convention on the Assignment of Receivables in International Trade4. Modern Finance Sales: The Example of the Finance Lease. The 1988 UNIDROIT Leasing Convention5. Asset Securitisation and Credit Derivatives. Covered Bonds6. Financial Derivatives: Options, Futures and Swaps. Their Use and Transfers. The Operation of Derivatives Markets, Clearing and Settlement and the Function of Central Counterparties (CCPs)7. Institutional Investment Management, Funds, Fund Management and Prime BrokeragePart 3: Payments, Modern Payment Methods and Systems. Set-off and Netting as Ways of Payment. Digitalisation, International Payments and Money Laundering1. Payments, Payment Systems. Casey and Bank Accounts2. The Principles and Importance of Set-off and Netting3. Traditional Forms of International Payment4. Money LaunderingPart 4: Security Entitlements and their Transfers Through Securities Accounts. Securities Pledges and Repos1. Investment Securities Entitlements and Their Transfers. Securities Shorting, Borrowing and Repledging. Clearing and Settlement of Investment Securities2. Investment Securities Repos