Overview

This book provides an extensive analysis of the equitable doctrine of marshalling as it applies to secured debt. There is detailed and systematic reference to the application of marshalling in the United Kingdom, in particular the conditions that must be satisfied before marshalling will assist a secured creditor and the limitations imposed on its effective operation. There is also substantial comparative material, with extensive analysis of Commonwealth law and selected US authorities. This book will appeal equally to those specialists working in equity, finance and insolvency law and to commercial lawyers more generally.

Full Product Details

Author:   Paul Ali (Senior Lecturer, Senior Lecturer, University of Melbourne, Australia)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 17.60cm , Height: 1.90cm , Length: 25.30cm
Weight:   0.602kg
ISBN:  

9780198268659

ISBN 10:   0198268653
Pages:   260
Publication Date:   24 June 1999
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Preface Table of Cases Table of Legislation PART 1. INTRODUCTION Introduction PART II. GENERAL PRINCIPLES: HISTORY AND OPERATION OF MARSHALLING OF SECURITIES The History of the Equitable Doctrine of Marshalling of Securities How does Marshalling work? PART III. GENERAL PRINCIPLES: JURIDICAL NATURE OF MARSHALLING OF SECURITIES Marshalling of Securities and the Law of Subrogation Marshalling of Securities and other Equitable Doctrines and Remedies The Rationale for Marshalling of Securities PART IV. PRE-REQUISITES OF MARSHALLING OF SECURITIES Marshalling of Securities and the Common Debtor Rule Exception to the Common Debtor Rule Marshalling of Securities and the Requirement of Proprietary Securities PART V. LIMITATIONS ON MARSHALLING OF SECURITIES Marshalling of Securities and the Rights of Unsecured Creditors Marshalling of Securities and Third Parties Covenants Against Marshalling and Other Contractual Constraints Bibliography Index

Reviews

A well-researched monograph, which covers its subject comprehensively and written in a style which is both scholarly and readable... illustrates admirably the kind of topic which postgraduate students should be encouraged to choose for a doctoral thesis. * L.S. Sealy, Civil Justice Quarterly *

A well-researched monograph, which covers its subject comprehensively and written in a style which is both scholarly and readable... illustrates admirably the kind of topic which postgraduate students should be encouraged to choose for a doctoral thesis. L.S. Sealy, Civil Justice Quarterly

Author Information

Dr Paul Ali is Senior Lecturer at the University of Melbourne, Australia

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