This is the fifth edition of the leading work on transnational and comparative commercial and financial law, covering a wide range of complex topics in the modern law of international commerce, finance and trade. As a guide for students and practitioners it has proven to be unrivalled. Since the fourth edition, the work is now divided into three volumes, each of which can be used independently or as part of the complete work. Volume one covers the roots and foundations of private law; the different orientations and structure of civil and common law; the concept, forces, and theoretical basis of the transnationalisation of the law in the professional sphere; the autonomous sources of the new law merchant or modern lex mercatoria, its largely finance-driven impulses; and its relationship to domestic public policy and public order requirements. Volume two deals with transnational contract, movable and intangible property law. Volume three deals with financial products and financial services, with the structure and operation of modern commercial and investment banks, and with financial risk, stability and regulation, including the fall-out from the recent financial crisis and regulatory responses in the US and Europe. All three volumes may be purchased separately or as a single set. From the reviews of previous editions: "...synthesizes and integrates diverse bodies of law into a coherent and accessible account...remarkable in its scope and depth. It stands alone in its field not only due to its comprehensive coverage, but also its original methodology. Although it appears to be a weighty tome, in fact, in light of its scope, it is very concise. 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 "Dalhuisen's style is relaxed...what he writes convinces without the need for an excess of references to sources...a highly valuable contribution to the legal literature. It adopts a useful, modern approach to teaching the young generation of lawyers how to deal with the increasing internationalisation of law. It is also helpful to the practising lawyer and to legislators." Uniform Law Review/Revue de Droit Uniforme "this is a big book, with big themes and an author with the necessary experience to back them up...Full of insights as to the theories that underlie the rules governing contract, property and security, it is an important contribution to the law of international commerce and finance." Law Quarterly Review "...presents a very different case: that of a civilized and cultivated cosmopolitan legal scholar, with a keen sense of international commercial and financial practice, with an in-depth grounding in both comparative legal history and comparative law, combined with the ability to transcend conventional English black-letter law description with critical judgment towards institutional wisdom and intellectual fashions...a wide-ranging, historically and comparatively very deep and comprehensive commentary, but which is also very contemporary and forward-looking on many or most of the issues relevant in modern transnational commercial, contract and financial transactions. .." International and Comparative Law Quarterly
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
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