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Property Rights in Money is a systematic study of how proprietary interests in the 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 a person 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.
This work investigates the legal mechanisms governing proprietary interests in money and the specific frameworks used to enforce these rights during payment transactions. David Fox, a legal scholar, examines the intersection of property law and monetary systems to clarify how ownership is transferred and contested. The text synthesizes complex legal principles to explain the proprietary consequences of ineffective transfers, including those resulting from fraud, error, or breach of fiduciary duty.
What You Will Find
Legal scholars and practitioners view this text as a rigorous examination of the intersection between monetary economics and property law. Experts frequently highlight the book's utility in clarifying the complex legal status of funds within modern banking systems.
Page Count:
275
Publication Date:
2008-09-15
Publisher:
Oxford University Press
ISBN-10:
0198299451
ISBN-13:
9780198299455
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