This book explains the legal principles and rules, concepts and developments that underpin the practice of financial law in common law countries, and by extension across the world.
One of the aims of the book is to explain clearly the basis of the concepts applied by the common law to financial transactions. As part of this aim the second edition analyses in more detail the interface between common-law and civil law approaches in areas such as the distinction between property and personal rights. Additionally, the chapter on Contractual Interpretation has been broadened in scope so that it deals with common law judicial methodology in a wider sense, and treats the
question of interpretation as part of that wider approach.
Since the last edition was written there have been a number of major changes, not least relating to the ongoing challenges following the financial crisis. In Chapter 2 the material on the Euro has been expanded to explain the Eurozone crisis, and its consequences. Additionally, there is a new section on virtual currencies.
This is an essential work for both experienced lawyers and those who are relatively new to international financial law. It provides the more experienced lawyer with an aide memoire on the existing law and a reference source for new ideas when tackling innovative structures or products. For those new to practice or postgraduate students this book delivers a firm foundation upon which to build knowledge of the law and practice of financial law.
Colin Bamford has worked as a barrister at 3-4 South Square where he advised on a range of issues relating to the banking and securities industries. He is an Honorary Fellow of the Society for Advanced Legal Studies and a member of its Advisory Committee, a former Visiting Senior Fellow at London School of Economics, and a member of the committee of the Centre for Corporate Law at the Institute of Advanced Legal Studies.
1. Introduction ; 2. Money ; 3. Payment ; 4. Personal and Property Rights ; 5. Intangibles as Property ; 6. Legal Nature of the Bond Market ; 7. Fiduciary Duties - their nature and how they arise ; 8. Fiduciary duties - practical consequences ; 9. Credit Support in Financial Markets ; 10. Security Interests ; 11. The Construction of Financial Agreements