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Property Rights in Money


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Table of Contents

1: Money As Property Legal and economic conceptions of money Money in the law of personal property Primary concepts in explaining property in money Incorporeal assets in the law of property The corporeal view of money as a cause of confusion De-physicalization of money Scope of the book 2: Explaining the Property Rights Regime Applied to Money The relevance of law to supporting the economic functions of money Economics and the allocation of property rights in money Preventing divergence between the functions of money as a unit of account and as a medium of exchange The reality of the economic model 3: Derivative Transfers of Title: General Principles Main features of derivative transfers of title Practical limitations on the explanation of derivative transfers of title to money The payer's title before the transfer Transfer of legal title by delivery Transfer of legal title other than by delivery The validity of the underlying transaction and the effectiveness of the intention to transfer ownership 4: Void Derivative Transfers of Title to Corporeal Money Abstraction and void underlying transactions Incapacity to transfer Void transfers owing to absence of negativing of intention: general Absence of intention Mistake negativing of intention Mistake negativing intention in equity 5: Derivative Transfers of Title to Incorporeal Money Money transfers through a payment mechanism Property and transfers through a payment mechanism Difference one: the originator's title is not transferred Difference two: the beneficiary takes the legal title to the money transferred despite defects in originator's intention to make the payment Difference three: explaining the priority of interests after a transfer of bank money Vitiated transfers of incorporeal money: general principles Unauthorised substitution and proprietary interests in the proceeds of a vitiated transfer The effect of vitiating reasons at law and in equity on the transfer of incorporeal money 6: Voidable Derivative Transfers of Title to Money Voidable transfers and rescission: general The proprietary character of the payer's right to rescind 7: Mixtures of Money Proprietary effect of mixtures of corporeal money Proprietary effect of mixtures of incorporeal money 8: The Currency of Money Currency and the extinction of adverse titles Currency and bona fide purchase The elements of bona fide purchase for value 9: Enforcement of Title to Money Enforcement of title through the law of wrongs and restitution Enforcement of legal title to money Enforcement of equitable title to money

About the Author

David Fox is Lecturer in Law at St. John's College, Cambridge. His Cambridge Ph.D. was on the subject of 'Tracing Money at Common Law' and he has subsequently published a number of articles on monetary and restitution law issues.


The book is a masterpiece of common law doctrinal scholarship...an excellent meticulous analysis of the diverse rules in both common law and equity. * Benjamin Geva, Canadian Business Law Journal *

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