Property Rights in Money is a systematic study of how proprietary interests in (ownership of and transactions in) money are transferred and enforced as part of a payment transaction.The book begins by considering the different kinds of property recognised by the law which perform the economic functions of money. It describes how the nature of an owner's proprietary interest differs depending on the kind of property that is treated as money.The main body of the work provides a detailed account of how property rights in money are transferred from one person to another, and the proprietary consequences when a transfer of money is ineffective. For example, the work considers the consequences for the passing of property in money when aperson pays the money by mistake, through the fraud of another or through a breach of his or her duties as a trustee or a company director.The author provides a coherent explanation of the proprietary effect of money transfers whether made via a transfer of coins or banknotes or, as is now more common, through a bank payment system.The final section of the book considers how a person can enforce his property rights in money, and the legal remedies open to him to recover his money once it is in the hands of a person who is not entitled to it.
In the end, the book provides a fresh, comprehensive overview of an intriguing subject, accessible to anyone with a minimal background in economics. (An introductory chapter introduces the handful of assumptions embedded in the text's economics and law).
Property and Money is a simple guide to the investment and financial aspects of commercial property. Putting property into its financial context, it seeks to bridge the world of the surveyor and property developer and the investment and financial markets of the City of London. The book starts from first principles, assuming no pre-existing knowledge. It is thus suitable for students as well as more established property practitioners and its appeal extends to bankers, solicitors, accountants and fund managers whose work brings them into contact with commercial property transactions. This updated and expanded edition includes coverage of: - Principles and pitfalls of property finance - How the property investment market works - Evaluating property and its performance - Understanding property companies and their accounts - How property companies get into trouble - Bank loans, bonds, profit-share agreements, leasebacks and other methods of property finance - The crash of the early 1990's and its consequences. Based on a widely acclaimed series of articles that appeared in Estates Gazette magazine, Property and Money is complemented by an extensive index and glossary and enlivened by Nick Newman's cartoonist-eye view of the property world.
'Property Rights in Money' concentrates on the proprietary consequences of using money as a means of payment. It considers the nature of money from a legal perspective, examining how property rights in money are transferred from person to person and the consequences if those transfers are ineffective.
Cass and Hylton explain how technological advances strengthen the case for intellectual property laws, and argue convincingly that IP laws help create a wealthier, more successful, more innovative society than alternative legal systems. Ignoring the social value of IP rights and making what others create “free” would be a costly mistake indeed.
"Capital is the defining feature of modern economies, yet most people have no idea where it actually comes from. What is it, exactly, that transforms mere wealth into an asset that automatically creates more wealth? The Code of Capital explains how capital is created behind closed doors in the offices of private attorneys, and why this little-known fact is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else. In this revealing book, Katharina Pistor argues that the law selectively "codes" certain assets, endowing them with the capacity to protect and produce private wealth. With the right legal coding, any object, claim, or idea can be turned into capital - and lawyers are the keepers of the code. Pistor describes how they pick and choose among different legal systems and legal devices for the ones that best serve their clients' needs, and how techniques that were first perfected centuries ago to code landholdings as capital are being used today to code stocks, bonds, ideas, and even expectations--assets that exist only in law. A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the different ways that debt, complex financial products, and other assets are coded to give financial advantage to their holders. This provocative book paints a troubling portrait of the pervasive global nature of the code, the people who shape it, and the governments that enforce it."--Provided by publisher.
The great monopoly in this country is money. So long as that exists, our old variety and individual energy of development are out of the question. A great industrial nation is controlled by its system of credit.
This book addresses a puzzle in political economy: why is it that political instability does not necessarily translate into economic stagnation or collapse? In order to address this puzzle, it advances a theory about property rights systems in many less developed countries. In this theory, governments do not have to enforce property rights as a public good. Instead, they may enforce property rights selectively (as a private good), and share the resulting rents with the group of asset holders who are integrated into the government. Focusing on Mexico, this book explains how the property rights system was constructed during the Porfirio Díaz dictatorship (1876-1911) and then explores how this property rights system either survived, or was reconstructed. The result is an analytic economic history of Mexico under both stability and instability, and a generalizable framework about the interaction of political and economic institutions.
"Instructional, humorous, and intriguing anecdotes on land and real estate purchase, sale, conservation and management. Chilling warnings of International, Federal, State and local grabs for your real estate and property rights; Agenda 21, Smart-Growth, Regionalism, the EPA and FDIC-not the friends of land and real estate owners. This is an absolutely unique, highly controversial digest of secrets shared by an expert with a forty-two year, 1.5 billion dollar plus career in land. You will laugh, you will frown and you will shake your head in disbelief. These real-life stories, about successes and failures, are packed with essential truths and valuable instruction. Spiritual and financial lessons gleaned from all facets of land, and land-based real estate transactions, regardless of size, use, or location-from one-third of an acre to thousands. Today's uncertain climate and unstable economic times make these professional secrets invaluable-purchase, sale, value, tax benefit, banking systems, and even the darker facets of federal and state attempts at control-everything is covered here-affording you the opportunity to use the tempest to your advantage. Are you an owner of land or real estate of any size, type or location? A wanna-be owner searching for an inflation safeguard? A haven? Lifestyle change? Security? Nostalgic for the rural roots of your youth? Tax Advantage? Spiritual connection? Family legacy? Forced to sell? These volumes will instruct, entertain, and open your eyes to the joys, and the dangers. The book studies many previously taboo, or ignored subjects you need to know-all critical to your enjoyment of, and profit from, your land and real estate: Agenda 21-The global grab for all private property rights.Mammoth guaranteed real estate profits to banks-all from YOUR pocket and your real estate values. Why your banker says no-what's really happening behind the vault doors. This ain't your mama's appraisal-the rules have changed. When it's time for the seller to sign the dotted line-forget price-let's talk net. Looking under the rocks-due diligence and the "PPPPP Rule" can save a wreck. The government is not here to help you-and it might be on purpose. Buying and selling smart-the silver lining in an age of upheaval. Conservation Easements-get paid to do the right thing-but be careful! Based on the experience and insider knowledge of a fourth-generation land and cattleman, realtor and #1 bestselling, multiple award winning author, Reid Lance Rosenthal's career spans multiple states, three countries and two continents. Reid's first non-fiction work is drawn from over five thousand transactions and laced with true anecdotes of the good, bad and ugly with no-holds-barred, real time, hard-hitting facts-and must know warnings-critical to your heart, your wallet and the future of your property rights. The associated CD/DVD workbook, Green for Green, coming in 2014, will be loaded with graphs, charts, checklists, unique contract provisions, and actual, highly unusual, but proven deal structures (many developed by the author). Land for Love and Money tells all-the good, bad and ugly-of land and land related residential and other improvements and operations. Balm for your heart, enhancement of your wallet, protection of your future, land and real estate-the foundations of freedom-for soul, for security, for you."
Monetary law is essential to the functioning of private transactions and international dealings by the state: nearly every legal transaction has a monetary aspect. Money in the Western Legal Tradition presents the first comprehensive analysis of Western monetary law, covering the civil law and Anglo-American common law legal systems from the High Middle Ages up to the middle of the 20th century. Weaving a detailed tapestry of the changing concepts of money and private transactions throughout the ages, the contributors investigate the special contribution made by legal scholars and practitioners to our understanding of money and the laws that govern it. Divided in five parts, the book begins with the coin currency of the Middle Ages, moving through the invention of nominalism in the early modern period to cashless payment and the rise of the banking system and paper money, then charting the progression to fiat money in the modern era. Each part commences with an overview of the monetary environment for the historical period written by an economic historian or numismatist. These are followed by chapters describing the legal doctrines of each period in civil and common law. Each section contains examples of contemporary litigation or statute law which engages with the distinctive issues affecting the monetary law of the period. This interdisciplinary approach reveals the distinctive conception of money prevalent in each period, which either facilitated or hampered the implementation of economic policy and the operation of private transactions.
