Marshalling of Securities: Equity and the Priority-ranking of Secured Debt

Hardcover | May 1, 1999

byPaul Ali

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This book provides an extensive analysis of the equitable doctrine of marshalling as it applies to secured debt. 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 willassist a secured creditor and the limitations imposed on its effective operation. There is also substantial comparative material, with extensive analysis of Commonwealth law and selected US authorities. This book will appeal equally to those specialists working in equity, finance and insolvency lawand to commercial lawyers more generally.

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This book provides an extensive analysis of the equitable doctrine of marshalling as it applies to secured debt. 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 willassist a secured creditor and the limitations imp...

Dr Paul Ali is Senior Lecturer at the University of Melbourne, Australia

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Format:HardcoverPublished:May 1, 1999Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198268653

ISBN - 13:9780198268659

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Table of Contents

PrefaceTable of CasesTable of LegislationPART 1. INTRODUCTIONIntroductionPART II. GENERAL PRINCIPLES: HISTORY AND OPERATION OF MARSHALLING OF SECURITIESThe History of the Equitable Doctrine of Marshalling of SecuritiesHow does Marshalling work?PART III. GENERAL PRINCIPLES: JURIDICAL NATURE OF MARSHALLING OF SECURITIESMarshalling of Securities and the Law of SubrogationMarshalling of Securities and other Equitable Doctrines and RemediesThe Rationale for Marshalling of SecuritiesPART IV. PRE-REQUISITES OF MARSHALLING OF SECURITIESMarshalling of Securities and the Common Debtor RuleException to the Common Debtor RuleMarshalling of Securities and the Requirement of Proprietary SecuritiesPART V. LIMITATIONS ON MARSHALLING OF SECURITIESMarshalling of Securities and the Rights of Unsecured CreditorsMarshalling of Securities and Third PartiesCovenants Against Marshalling and Other Contractual ConstraintsBibliographyIndex

Editorial Reviews

`A well-researched monograph, which covers its subject comprehensively and written in a style which is both scholarly and readable... illustrates admirably the kind of topic which postgraduate students should be encouraged to choose for a doctoral thesis.'L.S. Sealy, Civil Justice Quarterly