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Mann on the Legal Aspect of Money

Sixth Edition

Charles Proctor

[Charles Proctor, Solicitor of the Supreme Court, England & Wales, and Partner at Nabarro Nathanson]

904 pages | 246x171mm

978-0-19-826055-4 | Hardback | 07 April 2005

Price: £245.00

• The only book to contain a comprehensive review of the law of money from English, European, and international law perspectives - providing readers with a fully up-to-date reference tool
• Addresses current and controversial legal issues including the UK's relationship to monetary union, monetary sovereignty, and the consequences of any withdrawal from the Eurozone
• Breadth of coverage: the scope of Mann includes issues such as the dispute surrounding the strength of the Chinese currency and the monetary crisis in Argentina
• A long-awaited new edition of this classic work, fully revised and updated by Charles Proctor who has practised extensively in the fields of banking, securities and international finance. Mann was originally published in 1939 and is now in its sixth edition

New to this edition

• Considers all significant developments since the last edition was published in 1992
• An entirely new section of the book deals with the European Monetary Union
• Includes a review of the Rome Convention on the Law Applicable to Contractual Obligations

The long-awaited sixth edition of Mann on the Legal Aspect of Money takes account of a number of significant developments since the last edition was published in 1992. Without question, the completion of monetary union in Europe is the key achievement of the intervening years. An entirely new section of the book deals with this subject in detail; apart from private law aspects, the contentious issue of eurozone monetary sovereignty is considered and the text also discusses the possible consequences of the breakdown of the single currency area. The text also includes a review of the Rome Convention on the Law Applicable to Contractual Obligations and its consequences in the monetary field.

At a more general level, the book reviews the legal meaning of the term "money" and considers whether traditional definitions can stand in the light of technological and other developments. The book also considers the nature and character of monetary obligations, including the consequences of non payment, devaluation, inflation and revalorisation.

In the cross-border sphere, separate parts of the text are devoted to exchange control (including Article VIII (2)(b) of the IMF Agreement and the private international law of exchange control) and to the public international law of money (including the monetary law of inter-state obligations, treaty rules of monetary conduct and the protection of foreign monetary systems).

Readership: Practitioners, judges and academics specialising in banking, financial and monetary law (especially in an international context); libraries and institutions in the UK and worldwide.

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 Obligation 4: Monetary Obligations and the Conflict of Laws 5: 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: 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 18: Exchange Rates Part V: Public International Law of Money 19: Monetary Sovereignty 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 Sovereignty 32: Withdrawal from the Eurozone 33: Other Forms of Monetary Organisation