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OverviewThis is a study of the law governing the bank-customer relationship pertaining to the disposition of funds by cheques and credit transfers, covering both paper-based and electronic payments. The work addresses, with various degrees of detail, common law, civilian, and `mixed' jurisdictions, particularly, Australia, Canada, England, France, Germany, Israel, Italy, Japan, South Africa, Switzerland and the United States. In addition to the description of the law in these jurisdictions, the book contains an in-depth analysis of the common issues and the responses to them, in light of desired policies. Accordingly, an evaluation of the various rules and proposals for reform are integral parts of the study.The book is divided into four parts. Part I is an overview of the various legal systems and fundamentals in banking and payment law, in an overall historical context. Part II deals with the banking relationship, within which collections and payments occur. It highlights the customer contract, the deposit transaction, the mandate authorizing bank collections and payments, and the debt resulting from entries to the current account. Part III covers the performance of the mandate. It discusses extensively laws governing the payment and collection of cheques and credit transfers, in the context of actual clearing and settlement mechanisms, particularly large-value transfer systems in developed countries. Part IV is on payment systems misuse through fraud, either in the initiation payments or in misdirecting them. It discusses cheque forgery, unauthorized electronic funds transfers, forged cheques indorsements, and misdirected funds transfers. A unique feature of the work is the integration of a cohesive analytic perspective, both doctrinal and policy-oriented, into a comparative descriptive framework. The book searches for a universal `law merchant' transcending the boundaries of the various legal systems. It is aimed at the banking and payment law specialist and student as well as to the general comparative lawyer. Its focus on both present law and reform makes it useful to both the academic and practising lawyer. Full Product DetailsAuthor: Benjamin Geva (Professor of Law, Professor of Law, Osgoode Hall Law School of York University, Toronto, Canada)Publisher: Oxford University Press Imprint: Oxford University Press Dimensions: Width: 16.20cm , Height: 3.70cm , Length: 24.50cm Weight: 1.013kg ISBN: 9780198298533ISBN 10: 0198298536 Pages: 624 Publication Date: 28 June 2001 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: To order  Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us. Table of ContentsI. INTRODUCTION 1: Legal Systems, Sources of Law, Banks and Customers, Collection and Payment Transactions II. THE BANKING RELATIONSHIP 2: The Account Agreement 3: The Deposit of Funds 4: Management of Customers' Payments: Mandate, Agency and Implied Terms 5: The Current Account III. THE PERFORMANCE OF THE MANDATE 6: Orders for the Disposition of Funds 7: Payment and Collection of Cheques 8: Credit Transfers 9: The Disposition of Funds Held in Non-Depository Account Holding Institutions IV. THIRD PARTY'S FRAUD: BREACH OF THE MANDATE AND MISDELIVERY OF FUNDS 10: Introduction 11: Allocation of Forged Cheques Losses 12: Unauthorized Electronic Funds Transfers 13: Forged Indorsements 14: Misdirected Credit TransfersReviewsThe comparative monograph is clearly aimed at banking law specialists, and would be of great use to academic researchers and lawyers specialising in this area European Library, No.8168/496 Author InformationBenjamin Geva is Professor of Law at Osgoode Hall Law School, York University, Toronto, Canada Tab Content 6Author Website:Countries AvailableAll regions |
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