基本説明
The only comprehensive treatment of both public and private law of money from English, European, and international law perspectives, providing a single source dealing with all issues relating to monetary law. New to this edition - New chapters on the legal aspects of the central bank's role in the field of monetary law; Coverage of the Greek crisis; New commentary on competitive devaluation; etc.
Full Description
Providing a thorough legal analysis of money in all its aspects, Mann on the Legal Aspect of Money has been the leading text on the private and public law of money ever since the publication of the first edition in 1939.
This latest edition considers issues that arose in the course of the financial crisis, including the legal aspects of the Greek financial crisis, the implications of quantitative easing and the "lender of last resort" function of the central bank. Additionally, there is a new chapter on payment processes following the Payment Services Directive and legislation designed to reinforce legal arrangements in the context of payment systems.
In a private law context, the book deals with the nature of money and its use in the payment of private debts and the right to interest and damages in the event of a delay in the payment of a monetary obligation. It also addresses the implications of money laundering regulations, sanctions and similar legislation in the context of monetary obligations. From a public law perspective, it explores the legal consequences of inflation and the erosion of monetary value as well as the structure of
national monetary systems, including monetary pegs, currency boards and dollarization.
In an international law context, the legal implications of monetary associations are considered including economic and monetary union in Europe. The text also considers the legal implications of fluctuating exchange rates and international obligations in relation to the national currency (e.g. exchange rate manipulation and discriminatory monetary practices).
The seventh edition of Mann gives an up-to-date and detailed discussion of current matters, whilst continuing to provide an in-depth analysis on all aspects of monetary law in a single reference source.
Contents
PART I: THE CONCEPT OF MONEY AND MONETARY SYSTEMS ; 1. The Concept of Money ; 2. The Organisation of the Monetary System ; PART II: THE PRIVATE LAW OF MONETARY OBLIGATIONS ; 3. The Character of Monetary Obligations ; 4. Monetary Obligations and the Conflict of Laws ; 5. The Interpretation of Monetary Obligations - Initial Uncertainty ; 6. The Interpretation of Monetary Obligations - Subsequent Uncertainty ; 7. The Performance of Monetary Obligations ; 8. Legal Proceedings and their Effect upon Monetary Obligations ; PART III: THE PRINCIPLE OF NOMINALISM ; 9. Monetary Obligations, Liquidated Sums, and the Principle of Nominalism ; 10. Monetary Obligations - Unliquidated Amounts ; 11. Excluding the Effects of Nominalism ; 12. Nominalism, Legislation, and Public Policy ; 13. Nominalism, Private International Law, and the Lex Monetae Principle ; PART IV: EXCHANGE CONTROLS, EXCHANGE RATES, AND SANCTIONS ; 14. Exchange Control - The UK Model ; 15. Exchange Control under the International Monetary Fund Agreement ; 16. The Private International Law of Exchange Control ; 17. Sanctions and Monetary Obligations ; 18. Exchange Rates ; PART V: PUBLIC INTERNATIONAL LAW OF MONEY ; 19. Monetary Sovereignity ; 20. The Protection of Foreign Currency Systems ; 21. The Protection of Foreign Monetary Institutions ; 22. International Rules of Monetary Conduct ; 23. The Monetary Law of Interstate Obligations ; PART VI: MONETARY UNIONS AND OTHER FORMS OF MONETARY ORGANISATION ; 24. The Nature and History of Monetary Unions ; 25. Historical Background to EMU ; 26. EMU and the Treaty on European Union ; 27. The Institutional Framework of Monetary Union ; 28. The Single Currency and its Treaty Framework ; 29. The Euro Regulations ; 30. Monetary Union and Monetary Obligations ; 31. The Euro and Monetary Sovereignity ; 32. Withdrawal from the Eurozone ; 33. Other Forms of Monetary Organisation
