By Eva Micheler
Eva Micheler analyses the English, German and Austrian legislations ofsecurities, addressing the principles governing transfers of securities,including unauthorised transfers, equities bobbing up out of defectiveissues and the maintaining of securities via intermediaries.The booklet provides an account of the present English, Germanand Austrian criminal regimes. it's been written with a view toexplaining the German and Austrian regime to readers with acommon legislation historical past and to explaining the English regimeto readers with a civil legislation background.The e-book additionally goals to figure out even if globalisation willcause the 2 diverse techniques to converge. It concludes thatthe respective ideas in all 3 jurisdictions have historicallyevolved continually with incumbent felony doctrine. This patternof swap is probably going to proceed. Convergence will happen on afunctional instead of on a doctrinal point. additionally recentreform projects complicated by way of the UNIDROIT and the ecu willlead to useful instead of doctrinal convergence.
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Example text
Burrows, ‘We Do This at Common Law But That in Equity’ (2002) 22 OJLS 1. PAPER TRANSFERS 29 The interest does not arise in all cases; if it arises, it is vested in the buyer before she becomes the legal owner. 3 the instances in which ownership at law vests in the transferee will now be analysed. 4, the rules governing the acquisition of equitable or beneficial ownership by the transferee will be discussed. Both sections will show that the English rules on ownership rights in securities are a function of the path historically adopted by English property law.
It is, for example, possible to protect them either through a mandatory bid rule under takeover regulations or by a strict rule against self-dealing by management. 24 Functional convergence occurs when existing governance institutions are flexible enough to respond to the demands of changed circumstances without altering the institutions’ formal characteristics. 3 try to ascertain whether the forces of globalisation are stronger than politics, economics, culture, social and commercial norms, or legal mentality.
H. Pettit, Equity and the Law of Trusts, 10th edn. (Oxford: Oxford University Press, 2006) 81–84. [1927] AC 844. 51 At 870 per Lord Carson. 36 ENGLISH LAW their Lordships four years later in Archer-Shee v. Garland and in Tinsley v. 52 Contrary to what these cases might suggest, the controversy as to the nature of equitable rights in property is not yet settled. Some modern writers doubt whether equitable rights can be classified as purely proprietary. These writers agree with Maitland in that they find it difficult to describe a right as proprietary where it cannot be enforced against the bona fide buyer for value.