Mann on the Legal Aspect of Money

Seventh Edition

Charles Proctor

The leading work on monetary law obligations and monetary conduct now in its seventh edition
The only comprehensive treatment of both public and private law of money from English, European, and international law perspectives, providing a single source dealing with all issues relating to monetary law
Addresses current and controversial legal matters including analysis of issues arising from the financial crisis, such as the legal aspects of quantitative easing
Carefully structured into topic areas, allowing users to readily access sections relevant to their interests and problems
New chapters on the legal aspects of the central bank's role in the field of monetary law (e.g. in its role as lender of last resort)
Coverage of the Greek crisis, the on-going currency dispute between China and USA and up-to-date material on possible EU withdrawal
New commentary on competitive devaluation
Contains, for the first time, a separate section on payment systems and e-money
Discusses the impact of the decision in Sempra Metals on the right to interest and the principle of nominalism

Mann on the Legal Aspect of Money

Seventh Edition

Charles Proctor

Description

Providing a thorough legal analysis of money in all its aspects, Mann on the Legal Aspect of Money has been the leading text on the private and public law of money ever since the publication of the first edition in 1939.

This latest edition considers issues that arose in the course of the financial crisis, including the legal aspects of the Greek financial crisis, the implications of quantitative easing and the "lender of last resort" function of the central bank. Additionally, there is a new chapter on payment processes following the Payment Services Directive and legislation designed to reinforce legal arrangements in the context of payment systems.

In a private law context, the book deals with the nature of money and its use in the payment of private debts and the right to interest and damages in the event of a delay in the payment of a monetary obligation. It also addresses the implications of money laundering regulations, sanctions and similar legislation in the context of monetary obligations. From a public law perspective, it explores the legal consequences of inflation and the erosion of monetary value as well as the structure of national monetary systems, including monetary pegs, currency boards and dollarization.

In an international law context, the legal implications of monetary associations are considered including economic and monetary union in Europe. The text also considers the legal implications of fluctuating exchange rates and international obligations in relation to the national currency (e.g. exchange rate manipulation and discriminatory monetary practices).

The seventh edition of Mann gives an up-to-date and detailed discussion of current matters, whilst continuing to provide an in-depth analysis on all aspects of monetary law in a single reference source.

Mann on the Legal Aspect of Money

Seventh Edition

Charles Proctor

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

Mann on the Legal Aspect of Money

Seventh Edition

Charles Proctor

Author Information

Charles Proctor is a partner at Edwards Wildman with 25 years' experience gained both in London and in the Far East in the banking, securities and international finance fields with various City Law firms, specialising in the field of banking and financial services. He is also an honorary professor in the School of Law, University of Birmingham and a Fellow of the Institute of Advanced Legal Studies in London. He has previously published four books, including the sixth edition of "Mann on the Legal Aspect of Money", and numerous articles on various aspects of financial law.

Contributors:

Dr Caroline Kleiner, French contributor (Enseignant chercheur, France)
Dr Florian Mohs, German contributor (Pestalozzi Attorneys at Law Ltd, Switzerland)