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- Preliminary Material
- Main Text
- Introduction
- I Negotiability, Negotiable Instruments, and the Law of Bills, Notes, and Cheques
- Preliminary Material
- A The Nature of the Negotiable Instrument
- B Brief History of Codification: Domestic Statutes and International Conventions
- C Bills, Notes, and Cheques and Their Respective Uses: Negotiable Instruments Covered by Legislation
- D Laws of Bills and Notes: Major Substantive Differences
- E Laws of Cheques: Major Substantive Differences
- F Conclusion
- II General Law and Negotiable Instruments: A Brief Historical Perspective
- Preliminary Material
- A Introductory Note
- B Nascent Cheque Law Without Cheques Under the Talmud
- C Bill Forerunner: Islamic Hawale in the Early Middle Ages
- D Continental Medieval Cheques and Bills of Exchange and Roman Law
- E Forerunners of the Promissory Note
- F Bills, Notes, and Cheques in Post-Medieval England: The Origins of the Modern Law of Negotiable Instruments
- G Final Observations
- III Choice-of-Law Question, Three Major Developments, and the Need for Harmonization
- Preliminary Material
- 3.01
- 3.02
- 3.03
- A What Choice-of-Law is: ‘Foreign Element’, Rejection of Lex-Fori, and Connecting Factors Approach
- B Three Trends: Classification of Choice-of-Law, Party Autonomy and Most Significant Relationship Principles
- C The Need for Choice-of-Law Harmonization in Rules relating to Negotiable Instruments
- IV Negotiable Instruments Choice-of-Law Rules in the Various Systems
- Preliminary Material
- A Introduction
- B Single or Several Laws?
- C Law Governing Intrinsic Validity or Effects of Obligations
- D The Scope of Intrinsic Validity: Specific Issues
- E Law Governing Extrinsic Validity (Form)
- F Laws Governing Specific Cheque Topics
- G Transfer, Negotiation, and Assignment
- H Formalities and Other Performance Duties
- I Conclusion
- V The Foreign Element and Party Autonomy in Negotiable Instruments Law
- Preliminary Material
- 5.01
- A The ‘Foreign Element’ in Negotiable Instruments
- 5.02
- 5.03
- 5.04
- 5.05
- 1 The Scope of Choice-of-Law Analysis Set in s 72 of the UK BEA
- 2 Foreign Negotiable Instruments versus Domestic Negotiable Instruments
- B Party Autonomy Principle as a Governing Principle of Choice-of-Law Cases of Negotiable Instruments
- 1 Preliminary Remarks: Four Justifications
- 5.50
- (a) Market Stability and Predictability Promotion
- (b) The Consistency with the General Spirit of Party Autonomy Within Negotiable Instruments Law
- (c) Party Autonomy in the Context of Parties’ Rights and Duties
- (d) The Consistency with the Historical and Intellectual Development of Negotiable Instruments Law
- 2 Party Autonomy in Negotiable Instruments Literature
- 3 The Scope of Party Autonomy: A Proposal
- 1 Preliminary Remarks: Four Justifications
- VI Choice-of-Law Rules in the Absence of Party Autonomy: The Most Significant Relationship Principle
- Preliminary Material
- 6.01
- 6.02
- 6.03
- A The Extension of the MSR Principle to Negotiable Instruments Law
- 6.04
- 6.05
- 6.06
- 1 Assessing Objection 1: Inconsistency with Existing Law and Case Law
- 2 Assessing Objection 2: Challenging the ‘Predictability and Certainty’ Thesis
- 6.34
- (a) The ‘Clear-Cut Rules Thesis’ and the Return of Beale’s Rhetoric in the Provisions (and Commentaries) of the Second Restatement
- (b) Challenging the Clear-Cut Rules Thesis
- 6.42
- 6.43
- (i) The Values of Certainty and Predictability as the Only Two Underlying Values of Negotiable Instruments Law
- (ii) The Complete Correlation Between the Underlying Goals of a Given Legal Category and the Choice-of- Law Process
- (iii) The Application of ‘C lear-C ut’ Rules to the Context of Negotiable Instruments Law Enhances the Values of Certainty and Predictability
- (iv) Placing Negotiable Instruments Law in the Same Camp as Immovable Property Law
- B The Operational Mechanics of the MSR Principle
- VII The Boundaries of the Proposed Argument
- Preliminary Material
- 7.01
- A Challenging the Validation Principle
- B The Various Aspects of Negotiable Instruments Law: The Broad Scope of the Argument
- C Securities and the Documents of Title
- D The Ethical Moment
- VIII International Negotiable Instruments in the Electronic Age
- IX Conclusion
- Further Material
- [34.239.152.207]
- 34.239.152.207
