Choice Of Law In The Assignment Of Contractual Rights


Choice Of Law In The Assignment Of Contractual Rights
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Choice Of Law In The Assignment Of Contractual Rights


Choice Of Law In The Assignment Of Contractual Rights
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Author : Stanley B. Lubman
language : en
Publisher:
Release Date : 1959

Choice Of Law In The Assignment Of Contractual Rights written by Stanley B. Lubman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1959 with Assignments (Law) categories.




Choice Of Law In Copyright And Related Rights


Choice Of Law In Copyright And Related Rights
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Author : Mireille M. M. van Eechoud
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2003-01-01

Choice Of Law In Copyright And Related Rights written by Mireille M. M. van Eechoud and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-01-01 with Law categories.


Nobody denies that the traditional territorial approach to copyright and other intellectual property rights has come under pressure. Yet it persists. Faced with the need to determine the applicable law in cross-border cases, lawyers everywhere wrestle with the implications of the territorial nature of copyright and related rights. In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law- to protect creators and stimulate the production and use of information- without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law: Which exclusive rights exist in an intellectual creation and for how long; Who is considered to own such right; How can these rights be transferred; and What continues infringement of copyright and related rights. Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classis multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus justice considerations, and issues of infringement in the digital environment. INFORMATION LAW SERIES 12.



The Assignment Of Contractual Rights


The Assignment Of Contractual Rights
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Author : Gregory J. Tolhurst
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-06-16

The Assignment Of Contractual Rights written by Gregory J. Tolhurst and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-16 with Law categories.


This book explains the existence, meaning and application of the rules governing the assignment of contractual rights. The second edition is updated and retains the structure of the first edition, focusing on what is meant by 'assignment', the distinction between legal and equitable assignments, how an assignable contractual right is identified, what formalities apply to assignment, and what rights and remedies are available to the parties to an assignment. In reviewing the first edition, The Hon JD Heydon said 'it is essential reading for ... teachers, especially those who teach contract, equity and personal property. Above all, it should always be consulted-read carefully, slowly and repeatedly-by any practitioner facing an assignment problem. ... It is not only the best book ever written on its subject, but among the best monographs dealing with legal doctrine published in recent years' (2008) 30 Sydney Law Review 169.



The Assignment Of Contractual Rights


The Assignment Of Contractual Rights
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Author : Gregory J. Tolhurst
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-06-16

The Assignment Of Contractual Rights written by Gregory J. Tolhurst and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-16 with Law categories.


This book explains the existence, meaning and application of the rules governing the assignment of contractual rights. The second edition is updated and retains the structure of the first edition, focusing on what is meant by 'assignment', the distinction between legal and equitable assignments, how an assignable contractual right is identified, what formalities apply to assignment, and what rights and remedies are available to the parties to an assignment. In reviewing the first edition, The Hon JD Heydon said 'it is essential reading for ... teachers, especially those who teach contract, equity and personal property. Above all, it should always be consulted-read carefully, slowly and repeatedly-by any practitioner facing an assignment problem. ... It is not only the best book ever written on its subject, but among the best monographs dealing with legal doctrine published in recent years' (2008) 30 Sydney Law Review 169.



Assignment In European Private International Law


Assignment In European Private International Law
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Author : Axel Flessner
language : en
Publisher: sellier. european law publ.
Release Date : 2006

Assignment In European Private International Law written by Axel Flessner and has been published by sellier. european law publ. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Accounts receivable loans categories.


The assignment of contractual rights is of immense importance for the world of business and finance. Never before have assignments taken place on such a large scale as is the case in the contemporary securitisation market. Many receivables-based financial transactions, such as securitisations, are cross-border transactions. It is therefore often crucial to determine which law governs the proprietary aspects of assignment. The European Commission has, in its "proposal for a regulation on the law applicable to contractual obligations," formulated a new conflict rule referring the enforceability of an assignment against third parties to the law of the assignor's residence. This book demonstrates how the solution which has been adopted by the Commission is inadequate for receivables-based cross-border transactions. The authors argue that a cross-border assignment should, instead, be governed by the law chosen by the assignor and the assignee and, in the absence of a choice, by the law applicable to the assigned claim. The most important policy behind the Commission's conflict rule, i.e. that the assignor's creditors should be able to look to the assignor's law for registration requirements, can be realized in subtler ways, in particular by means of a special conflict rule for public filing systems. The Annexes contain the full texts of the Commission's Proposal, the UN Convention on the Assignment of Receivables, and Chapter 11 of the Principles of European Contract Law (Assignment of Claims).



Chinese Contract Law First Edition


Chinese Contract Law First Edition
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Author : Mo Zhang
language : en
Publisher: BRILL
Release Date : 2005-12-30

Chinese Contract Law First Edition written by Mo Zhang and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-12-30 with Law categories.


This volume presents a well-analyzed inside view of Chinese contract law in theory and practice, which will be of interest to both academic researchers and practitioners in this area.



The Assignment Of Contractual Rights


The Assignment Of Contractual Rights
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Author : Greg Tolhurst
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-06-16

The Assignment Of Contractual Rights written by Greg Tolhurst and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-16 with Law categories.


This book explains the existence, meaning and application of the rules governing the assignment of contractual rights. The second edition is updated and retains the structure of the first edition, focusing on what is meant by 'assignment', the distinction between legal and equitable assignments, how an assignable contractual right is identified, what formalities apply to assignment, and what rights and remedies are available to the parties to an assignment. In reviewing the first edition, The Hon JD Heydon said 'it is essential reading for ... teachers, especially those who teach contract, equity and personal property. Above all, it should always be consulted-read carefully, slowly and repeatedly-by any practitioner facing an assignment problem. ... It is not only the best book ever written on its subject, but among the best monographs dealing with legal doctrine published in recent years' (2008) 30 Sydney Law Review 169.



The Choice Of Law Contract


The Choice Of Law Contract
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Author : Maria Hook
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-09-22

The Choice Of Law Contract written by Maria Hook and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-22 with Law categories.


This book offers a contractual framework for the regulation of party autonomy in choice of law. The party autonomy rule is the cornerstone of any modern system of choice of law; embodying as it does the freedom enjoyed by parties to a cross-border legal relationship to agree on the law applicable to it. However, as this study shows, the rule has a major shortcoming because it fails to give due regard to the contractual function of the choice of law agreement. The study examines the existing law on choice of law agreements, by reference to the law of both common and civil law jurisdictions and international instruments. Moreover, it suggests a new coherent approach to party autonomy that integrates both the law of contract and choice of law. This important new study should be read with interest by private international law scholars.



Guest On The Law Of Assignment


Guest On The Law Of Assignment
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Author : Anthony Gordon Guest
language : en
Publisher: Sweet & Maxwell
Release Date : 2012

Guest On The Law Of Assignment written by Anthony Gordon Guest and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.


Explains the nature of assignment, commencing with a definition of assignment, before outlining and giving examples of choses in action.



Choice Of Law To Determine The Validity And Effect Of Contracts


Choice Of Law To Determine The Validity And Effect Of Contracts
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Author : John Prebble
language : en
Publisher:
Release Date : 1972

Choice Of Law To Determine The Validity And Effect Of Contracts written by John Prebble and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1972 with Conflict of laws categories.