bluuebunny/crossref_metadata_2025_split huggingface dataset:
Conditional Contracts
Authors: Furmston Michael , Tolhurst Gregory , Mik Eliza 
Published: June 2017

Abstract
This chapter focuses on conditions that may impact on the formation of a contract. The typical ‘conditional contract’ is the agreement that is expressed to be ‘subject to’ the performance or occurrence of some event that is not certain to occur. The event itself is termed a ‘contingency’ and it is the contract or its performance that is termed ‘conditional’. The contingency may be one requiring some conduct or decision to be made by one of the parties, or a third party, or it may refer to some other event that is out of the control of anyone such as an act of nature. The chapter discusses the ‘subject to contract’ provisions; ‘subject to finance’ clauses; other ‘subject to’ clauses; time for the occurrence of contingency; waiver; and the consequences of the failure of a condition.
Denial of Legally Binding Effect
Authors: Furmston Michael , Tolhurst Gregory , Mik Eliza 
Published: June 2017

Abstract
An agreement is legally enforceable only if it is supported by valuable consideration and there is an intention to contract. This chapter focuses on this requirement of an intention to contract which must exist in all the parties. It discusses the use of presumptions; the presumptions and threshold intention; consideration and intention to contract; family and social agreements; and commercial agreements. The final section deals with letters of comfort. When a bank is approached for finance by a subsidiary of a large company, any initial offer of finance usually will be subject to security being provided by the parent company. Where the parent company is not prepared to provide security, it may provide the bank with a letter of comfort. These letters take three principal forms. The first type acknowledges the subsidiary's loan application and states that it is the policy of the parent company to ensure that its subsidiaries meet their loan obligations. The second type acknowledges the subsidiary's loan application and states that it intends to maintain its shareholding in the subsidiary. The third type simply acknowledges the loan application.
Consideration
Authors: Furmston Michael , Tolhurst Gregory , Mik Eliza 
Published: June 2017

Abstract
This chapter focuses on the doctrine of consideration, the most unique aspect of the common law of contract, not replicated in any other system. It first considers the history and then says something about the function and definition of the doctrine before going on to discuss the rules in detail. These include the adequacy of consideration; nominal consideration; situations where it has been held that a promise or act is not acceptable as consideration; consideration must be referrable to the promise; consideration must move from the promisee (but not necessarily to the promisor); past consideration is not consideration; consideration must not be illusory; performance of existing legal duties; part payment of a debt is not consideration for a promise to discharge debt; exceptions to the consideration rules; and estoppel.
Is There a Duty to Negotiate in Good Faith?
Authors: Furmston Michael , Tolhurst Gregory , Mik Eliza 
Published: June 2017

Abstract
This chapter assesses the duty of good faith in negotiation. In general, even civilian systems which have long adopted notions of good faith performance have been much slower to accept notions of good faith negotiation. So all over the world the question of whether the parties should be under a duty to negotiate in good faith is very much at the forefront of the debate. The traditional view is that there is no general duty of good faith in negotiation. However, the doctrinal principles applied in England and Australia frequently serve to promote good faith. Those who wish to argue for a general rule of good faith, contractual or tortious, can find support in certain case law. But the mere fact of entering into negotiations does not create such a duty.
Pre-Contractual Liability
Authors: Furmston Michael , Tolhurst Gregory , Mik Eliza 
Published: June 2017

Abstract
This chapter examines cases where the parties set out to make a contract but fail to complete the course and make that contract. It considers whether one party may be liable to the other and in what circumstances. As the contract making process has become longer and more complex this has become an increasingly important area of law and one which is still in active development. The cases considered include those involving liability in contract (Emcor Drake & Scull v Sir Robert McAlpine, G. Percy Trentham Ltd v Archital Luxfer Ltd, and Way v Latilla; quantum meruit (William Lacey (Hounslow) Ltd v Davis, Regalian Properties Plc v London Docklands Development Corporation, and Sabemo Pty Ltd v North Sydney Municipal Council), and estoppel (Dillwyn v Llewelyn, Plimmer v Wellington Corporation, and AG of Hong Kong v Humphreys Estates).
Resolution of US Banks and Other Financial Institutions
Authors: Olivares-Caminal Rodrigo , Douglas John , Guynn Randall , Kornberg Alan , Paterson Sarah , Singh Dalvinder 
Published: June 2017

Abstract
The chapter starts by looking at resolution as understood in the United States. ‘Resolution’ refers to the way bank failures are dealt with in the United States. Similar to the traditional bankruptcy model, the chapter explains, two of the main goals of resolution are to maximize the value and minimize the losses of an institution for the benefit of its depositors and other stakeholders and, at least in a receivership situation, to determine who receives the residual value of the institution in satisfaction of their claims. However, resolution is also aimed at promoting a third goal: to deal with a failed institution in a manner that reduces the risk of contagion, preserves or restores public confidence in the banking or wider financial system, and otherwise promotes financial stability. The chapter then describes the history of financial resolution in the United States and outlines the fundamentals of resolution authority.
Transactional Aspects of Sovereign Debt Restructuring
Authors: Olivares-Caminal Rodrigo , Douglas John , Guynn Randall , Kornberg Alan , Paterson Sarah , Singh Dalvinder 
Published: June 2017

Abstract
This chapter details the transactional aspects of sovereign debt restructuring. The amount of accumulated debt and its progressive increase have led to repayment problems for some countries and, in some cases, resulted in default. Therefore, as countries amass unsustainable debt burdens (as happens when the ratio of debt to gross domestic product rises to such an extent that the application of policies cannot revert the situation), they have an increasing need to restructure their sovereign debt. Sovereign debt restructuring can be understood as the technique used by sovereign states to prevent or resolve financial and economic crises and to achieve debt sustainability levels. The IMF has reviewed its lending framework in the context of sovereign debt vulnerabilities. It is hoping to introduce greater flexibility and be able to provide exceptional access to funding on the base of a debt operation that involves an extension of maturities.
National Report for Austria
Authors: Duursma-Kepplinger Henriette , Englmair Christof 
Published: June 2017

Abstract
This chapter discusses the law on creditor claims in Austria. ‘Modern’ bankruptcy laws—the Compensation Law (Ausgleichsordnung, AO) and the Bankruptcy Act (Konkursordnung, KO)—were first introduced by the imperial decree of 10 December 1914, 337 RGBl. Since then, these have undergone numerous amendments. Austrian insolvency law was subjected to the most comprehensive review and reform with insolvency amendment 2010, Federal Law Gazette 2010/29, which merged bankruptcy law and compensation law into a single procedural structure. The Compensation Law was repealed, while the Bankruptcy Act was renamed the Insolvency Law. The rest of the chapter deals with insolvency claims, administration claims, and non-enforceable claims in turn. Each section covers: the definition and scope of the claim; rules for submission, verification, and satisfaction or admission of claims; classification and ranking of claims; and voting and participation rights in insolvency proceedings.
National Report for Belgium
Authors: Fransis Roel 
Published: June 2017

Abstract
This chapter discusses the law on creditor claims in Belgium. Legislators have limited the power of secured creditors to take individual enforcement actions with regard to their collateral, notwithstanding the opening of insolvency proceedings. For bankruptcy proceedings, the Bankruptcy Act of 8 August 1997 (BA) introduced a ‘cooling-off period’, imposing a temporary stay on individual enforcement actions by secured creditors. For judicial reorganization proceedings, the 31 January 2009 Act on the Continuity of Enterprises (BCA) imposes a general stay on enforcement actions, which also affects secured and preferential creditors. The remainder of the chapter looks into insolvency claims, administration claims, and non-enforceable claims in turn. Each part covers: the definition and scope of the claim; rules for submission, verification, and satisfaction or admission of claims; ranking of claims; and voting and other participation rights in insolvency proceedings.
National Report for Brazil
Authors: Sztajn Rachel , Salles de Toledo Paulo Fernando Campos , Nimer Moreira da Silva Fernando César 
Published: June 2017

Abstract
This chapter discusses the law on creditor claims in Brazil. The legal treatment of creditor claims is similar to that in other worldwide systems. The new Brazilian Insolvency Law (Federal Law No 11.101/2005) and the former Decree-Law empower the insolvency judge to appoint a judicial administrator and define the time period in which existing debts will be recognized and included in the legal procedure. Because the firm’s assets represent the guarantee of payment of debts, the creditors’ and debtor’s legal positions are connected in a sort of unitary bundle. Of note in the new Law is the reduction of priority of tax and wages claims, leaving more value available for distribution to other creditors. The chapter then examines insolvency claims, administration claims, and non-enforceable claims in turn. Each section covers: the definition and scope of the claim; rules for submission, verification, and satisfaction or admission of claims; ranking of claims; and voting and other participation rights in insolvency proceedings.
National Report for the Czech Republic
Authors: Richter Tomáš 
Published: June 2017

Abstract
This chapter discusses the law on creditor claims in the Czech Republic. The Czech Insolvency Act appears to deal with creditors’ claims in a fairly standard manner, making pre-insolvency claims subject to the process of claims submission and verification, and dealing with claims arising during the proceedings as administration claims. But the Insolvency Act actually confers upon creditors the power to decide on numerous of issues in the course of particular proceedings, eg, whether the debtor should be liquidated or reorganized. Many of the difficulties surrounding the Act’s rules on the submission and verification of claims are thus related to the question of who gets to decide on the course of the insolvency proceedings. The chapter then examines insolvency claims, administration claims, and non-enforceable claims in turn. Each section covers: the definition and scope of the claim; rules for submission, verification, and satisfaction or admission of claims; ranking of claims; and voting and other participation rights in insolvency proceedings.
National Report for France
Authors: Cuniberti Gilles , Rueda Isabelle 
Published: June 2017

Abstract
This chapter discusses the law on creditor claims in France. French insolvency law has traditionally been unfriendly to creditors benefitting from contractual security interests. Unlike most other legal systems, insolvency claims secured by contractual security interests over certain assets of the debtor do not enjoy the right to be satisfied from the secured assets in priority to all other claims. The treatment of creditor claims is also similar among various insolvency proceedings. In reorganization proceedings (sauvegarde or redressement judiciaire), post-commencement claims are more common and substantial, whereas in liquidation proceedings (liquidation judiciaire), such claims are often non-existent. The remainder of the chapter deals with insolvency claims, administration claims, and non-enforceable claims in turn. Each section covers: the definition and scope of the claim; rules for submission, verification, and satisfaction or admission of claims; ranking of claims; and voting and other participation rights in insolvency proceedings.
National Report for the Russian Federation
Authors: Trukhtanov Alexander 
Published: June 2017

Abstract
This chapter discusses the law on creditor claims in Russia. Russia’s principal bankruptcy law is the Federal Insolvency (Bankruptcy) Law 2002. The law sets out a comprehensive regime of submission, priority, and ranking of claims. It is almost entirely mandatory and leaves very little to be governed by pre-insolvency contractual arrangements. Its policies are generally favourable to creditors and are aimed at achieving pari passu distribution, including restriction of administration claims and giving unsecured creditors access to part of the proceeds of sale of security assets. The remainder of the chapter is concerned with insolvency claims, administration claims, and non-enforceable claims in turn. Each section covers: the definition and scope of the claim; rules for submission, verification, and satisfaction or admission of claims; ranking of claims; and voting and other participation rights in insolvency proceedings.
National Report for Sweden
Authors: Persson Annina H , Karlsson-Tuula Marie 
Published: June 2017

Abstract
This chapter discusses the law on creditor claims in Sweden. The ranking of claims in bankruptcy and distraint in Sweden is regulated by the Priority Rights Act 1970 (PRA). The PRA was drawn up in cooperation with all other Nordic countries, except Iceland. The primary aim of the PRA is to regulate the order in which claims shall be paid during distraint and in bankruptcy. It does not include any provisions regarding priority between different rights of use or between acquisitions of property, or regarding the relationship between claims and rights. Instead, these provisions can be found in other pieces of legislation. The remainder of the chapter deals with insolvency claims, administration claims, and non-enforceable claims in turn. Each section covers the definition and scope of the claim; rules for submission, verification, and satisfaction or admission of claims; ranking of claims; and voting and other participation rights in insolvency proceedings.
National Report for the United States
Authors: Kilborn Jason 
Published: June 2017

Abstract
This chapter discusses the law on creditor claims in the United States. There is nothing particularly remarkable about the way in which the US Bankruptcy Code and Federal Rules of Bankruptcy Procedure deal with the treatment of various claims. The academic debate about the super-priority of secured claims with regard to the collateral securing those claims has more or less subsided, as legislators have remained unmoved by any argument to reduce or constrain the rights of secured creditors beyond the existing constraints of bankruptcy law. Legislators have also resisted efforts to decrease the number of claims afforded special priority over general unsecured claims. The remainder of the chapter deals with insolvency claims, administration claims, and non-enforceable claims in turn. Each part presents: the definition and scope of the claim; rules for submission, verification, and satisfaction or admission of claims; ranking of claims; and voting and other participation rights in insolvency proceedings.
The Use of Weapons and the Law of Targeting
Authors: Boothby William H 
Published: June 2017

Abstract
This chapter summarizes the core rules of the law of targeting making particular reference to Additional Protocol 1 (AP1). It examines the legal constraints that apply to the use of any weapon to undertake attacks. Customary law principles and rules and treaty provisions that regulate targeting are all noted. So, the principles of distinction and discrimination are explained, the rule of proportionality and other particular targeting law rules are summarized and the precautions that the law requires in attack and against the effects of attacks are mentioned. Specific rules of protection for particular persons and objects are also included in the discussion. The chapter concludes with an overview of reprisals.
Conventional Weapons Convention
Authors: Boothby William H 
Published: June 2017

Abstract
This chapter discusses the important provisions of the UN Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects (CCW). It explains the significance of the Convention in relation to the evolution of the law relating to weapons, noting that it provides a framework within which specific Protocols have been negotiated to address particular weapons or weapon issues. The procedures for amending the Convention, for amending Protocols and for negotiating and adopting new Protocols are examined. The extension in scope agreed at the First Review Conference is discussed. The requirement for consensus as a condition precedent to the adoption of new Protocols and the increasing difficulty in securing such consensus as to new Protocols as the number of States party to the Convention increases are both considered.
Nuclear Weapons
Authors: Boothby William H 
Published: June 2017

Abstract
This chapter analyses how the law of armed conflict applies to the possession and use of nuclear weapons, noting that no law of armed conflict treaty has been adopted which either prohibits or restricts the development, stockpiling, transfer, possession, or use of such weapons, or threats to use nuclear weapons. Equally, there is no law of armed conflict treaty in existence that contains any other kind of provision with particular reference to such weapons. The chapter points out that certain states ratified Additional Protocol 1 on the explicit basis that the new rules introduced by the treaty have no application to nuclear weapons. In a later section the chapter considers the 1996 International Court of Justice Advisory Opinion of 8 July 1996, noting the criticism that has been made of the non liquet terms in which the judgment was expressed. In a short concluding section, the prospects for nuclear disarmament are briefly assessed.
Unexploded and Abandoned Weapons
Authors: Boothby William H 
Published: June 2017

Abstract
The traditional view that at the close of hostilities each party had clearance responsibility in relation to its own territory is noted in Chapter 17. The widespread nature of the explosive remnants of war problem and the very numerous and serious casualties occasioned by explosive remnants long after the military purpose in using the relevant weapons has passed are noted as important motives for the negotiation and subsequent adoption of the treaty. So it was that these factors, caused in part by frequent failures of sub-munitions to explode as intended, gave rise to the adoption of Protocol V to the CCW. The chapter discusses in logical sequence the relevant definitions associated with explosive remnants of war, the clearance, removal, and destruction obligations imposed by the treaty, the recording duties of States party and how the legal duties in the treaty interrelate with the voluntary best practice guidance given in the annex to the treaty. Of particular interest are the provisions aimed at protecting humanitarian missions and the particular arrangements associated with previously existing explosive remnants.
Compliance with International Weapons Law
Authors: Boothby William H 
Published: June 2017

Abstract
This chapter discusses the mechanisms that are designed to ensure compliance by States with their weapons law obligations. Treaties may include specific provisions in relation to compliance. Early treaties did not address the issue but some later weapons law treaties do. Compliance is also assisted by the provision of legal advice to commanders, by relevant provision in domestic legislation, and most importantly by the legal obligation that all States undertake a legal review of all new weapons. The article 36, Additional Protocol 1 provision is discussed, and from a practical perspective the things that must be reviewed are explained, the criteria against which the judgement should be made are set forth, the required data to support such a review are listed, and possible procedures associated with such reviews are addressed. ICRC Guidance on the conduct of such reviews is referred to, and critiqued.
The UN Protocol against the Smuggling of Migrants by Land, Sea and Air 2000
Authors: Schloenhardt Andreas 
Published: June 2017

Abstract
The United Nations (UN) Protocol against the Smuggling of Migrants by Land, Sea, and Air seeks ‘to prevent and combat the smuggling of migrants, as well as to promote cooperation among states parties to that end, while protecting the rights of smuggled migrants’. These objectives reflect the inherent complexity of the phenomenon of migrant smuggling and the distinct—and at times conflicting—goals of international efforts in this field. This chapter explores the evolution and background of the Protocol, outlines its main provisions, their application and interpretation, and critically reflects on the purpose, limitation, and ratification.
Transnational Commercial Law
Authors: Goode Roy , Kronke Herbert , McKendrick Ewan 
Published: June 2017

Abstract
This work focuses on the products and processes of the harmonisation of the law relating to international commercial transactions. After examining the nature and sources of transnational commercial law, the institutions involved and aspects of the conflict of laws, international law and comparative law, the book examines key features of a range of international instruments(international conventions, model laws, contractually incorporated institutional rules and scholarly restatements) relating to different types of cross-border commercial transaction. It concludes with chapters on transnational insolvency, international dispute resolution and recurrent issues of harmonisation. The issues are illustrated with extracts from the work of leading scholars, past and present, and from judicial decisions. This edition has been revised and incorporates four additional chapters dealing with regional harmonisation, carriage of goods by sea, transactions in securities and the relationship between international conventions and national law, including complex issues of treaty implementation. Other chapters deal with international sales, agency, documentary credits and demand guarantees, financial leasing, receivables financing and international interests in mobile equipment (aircraft objects, railway rolling stock, and space assets).