rdf-syntax-grammar
mods:
  schema location: http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
  title info:
    title: International negotiable instruments
  name:
    name part: Geva, Benjamin
    name part: 1946-
    role:
      role term: creator
    role:
      role term: author.
  name:
    name part: Peari, Sagi
    role:
      role term: author.
  type of resource: text
  origin info:
    place:
      place term: enk
    date issued: 2020
    copyright date: 2020
    edition: First edition.
    issuance: monographic
  language:
    language term: eng
  physical description:
    reformatting quality: access
    form: remote
    extent: xxix, 266 pages ; 24 cm.
  abstract: For centuries, bills of exchange, cheques, and promissory notes ('negotiable instruments') have played a vital role in the smooth operation of domestic and international commerce. The payment mechanisms have been subject to rapid technological progress and law has needed to adapt and respond to ensure that the legal framework remains relevant and effective. This book provides a comprehensive and thorough analysis of the question of applicable law to negotiable instruments. Given significant differences in the treatment of important issues under the laws governing negotiable instruments of the various jurisdictions, the question of applicable law plays a key role in contemporary commerce. Resolution of such issues frequently has cross-border dimensions, affecting residents from different countries, and meeting the needs of commerce as it rapidly moves towards an online mode of communication and documentation. To such ends, the book elaborates on the conceptual underpinnings of negotiable instruments law, provides an overview of the key differences between the systems in this area of law and contemplates the question of applicable law. The book ook provides a systematic inquiry into the relevant principles of law, statutes, and international conventions, and analyses the underlying rationale for both applicable and negotiable instruments laws' rules. In this way, it aims to identify and resolve some of the existing uncertainties in the case law and literature with respect to one of the central aspects of commerce. Specifically, the authors challenge the conventional view according to which the fundamentals of negotiable instruments law are excluded from the scope and insights of general contract and property law doctrines and as such not subject to the general conflict of laws rules governing them. The authors make concrete suggestions for reform and contemplate on the nature of the legal rules that can also be applied in the digital age of communication.
  table of contents: I. Negotiability, negotiable instruments, and the law of bills, notes, and cheques -- II. General law and negotiable instruments: a brief historical perspective -- III. Choice-of-law question, three major developments, and the need for harmonization -- IV. Negotiable instruments choice-of-law rules in the various systems -- V. The foreign element and party autonomy in negotiable instruments law -- VI. Choice-of-law rules in the absence of party autonomy: the most significant relationship principle -- VII. The boundaries of the proposed argument -- VIII. International negotiable instruments in the electronic age -- XI. Conclusion.
  note: Benjamin Geva, Osgoode Hall Law School, York University ; Sagi Peari, UWA Law School, University of Western Australia.
  note: Includes bibliographical references and index.
  subject:
    topic: Negotiable instruments
  classification: K1054 .G46 2020
  classification: 346.096
  related item:
    title info:
      title: Oxford private international law series
  identifier: 9780198828686
  identifier: 0198828683
  identifier: 2020934590
  identifier: http://vlex.com/source/57581
  record info:
    record content source: UtOrBLW
    record creation date: 200309
    record change date: 20210415120320.0
    record identifier: vLex5273
    language of cataloging:
      language term: eng