Marshalling of Securities

by Ali, Paul A. U.

• ISBN13: 9780198268659
• ISBN10: 0198268653
• Format: Hardcover
• Copyright: 1999-09-16
• Publisher: Oxford University Press

Summary

This book seeks to provide an extensive analysis of the equitable doctrine of marshalling in the way that it applies to securities. There is detailed and systematic reference to the application of marshalling in the United Kingdom, in particular the conditions that must be satisfied before marshalling will assist a secured creditor and the limitations imposed on its effective operation.

Author Biography

Dr. Paul Ali is a solicitor in the Banking and Finance Department with the firm Minter Ellison in Sydney, Australia.

Table of Contents

Preface

Table of Cases

Table of Legislation

Introduction

Introduction

General Principles: History And Operation Of Marshalling Of Securities

The History of the Equitable Doctrine of Marshalling of Securities

How does Marshalling work?

General Principles: Juridical Nature Of Marshalling Of Securities

Marshalling of Securities and the Law of Subrogation

Marshalling of Securities and other Equitable Doctrines and Remedies

The Rationale for Marshalling of Securities

Pre-Requisites Of Marshalling Of Securities

Marshalling of Securities and the Common Debtor Rule

Exception to the Common Debtor Rule

Marshalling of Securities and the Requirement of Proprietary Securities

Limitations On Marshalling Of Securities

Marshalling of Securities and the Rights of Unsecured Creditors

Marshalling of Securities and Third Parties

Covenants Against Marshalling and Other Contractual Constraints

Bibliography

Index

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