Showing 91 - 100 of 75,282
This article provides a short overview of "riba", the principal feature of Islamic banking law. Riba refers to certain prohibitions against charging and paying interest on loans and prohibitions against certain other transactions to protect debtors. Sources of Islamic law are reviewed to explain...
Persistent link: https://www.econbiz.de/10013113940
This article examines the Chrysler section 363 transaction and the opinions that approved it. Chrysler may be merely another example of good facts and a crisis making what is, perhaps, bad law, which has been a pattern in the evolution of chapter 11 jurisprudence since the Bankruptcy Code was...
Persistent link: https://www.econbiz.de/10013116344
Bank debit cards may look like credit cards, but they certainly do not act like them when it comes to account overdrafts. This does not suggest that credit cards are better than debit cards, as complaints abound concerning the transparency of fees charged to consumers for credit card...
Persistent link: https://www.econbiz.de/10013116560
While English schemes of arrangement have proved to be a popular restructuring tool for non-English companies, their jurisdiction basis has been controversial. Recent cases (the latest being Re Rodenstock [2011] EWHC 1104 (Ch)) show that the position is far from stable. This article maps out the...
Persistent link: https://www.econbiz.de/10013121376
This article argues that the enforcement in England in Re New Cap Reinsurance Corporation of an Australian monetary judgment rendered under Australian insolvency law does not sit easily with the Foreign Judgments (Reciprocal Enforcement) Act 1933. This is because the Foreign Judgments...
Persistent link: https://www.econbiz.de/10013124820
With the explosion in information technology, deploying desktop Internet access for corporations is becoming commonplace. Corporate managers are dealing with issues of protecting their corporations from legal exposure, especially in relation to downloading of pornographic or racist material, and...
Persistent link: https://www.econbiz.de/10013069833
This essay recounts and updates some of my research in property theory and in contract theory. One aim of my research has been to provide pathways for understanding the significance of market-inalienability. In developed societies that feature the institutions of private law, with commitment to...
Persistent link: https://www.econbiz.de/10012964761
Courts have repeatedly stated that equitable subordination is a compensatory remedy. This view is demonstrably mistaken; if equitable subordination is compensatory, only injured creditors, and not trustees or debtors in possession, would have Constitutional standing to bring equitable...
Persistent link: https://www.econbiz.de/10012733701
A recent article in this journal raised the spectre that a judgment creditor of a member of a limited liability company (LLC) might apply for and obtain a charging order; then or later persuade the court to order foreclosure on the membership interest subject to the charging order before the...
Persistent link: https://www.econbiz.de/10012760510
This chapter considers the landmark status of the House of Lords in Thorner v Major [2009] UKHL 18, understanding it as an example of story-telling in the law. The chapter explores the issues surrounding the equitable doctrine of proprietary estoppel, as it applies in particular in the context...
Persistent link: https://www.econbiz.de/10012826375