The Law and Practice of True Sale

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Commentary

The first text of its kind, essential for professionals in the structured finance market. At the heart of many structured finance transactions is some form of transfer of assets - usually a sale. The confirmation that a sale will be effective as such (and will not have another effect) is crucial in a number of commercial transactions. This book seeks to analyse an area of law that is of great practical importance but which has been largely left untouched by academics and market commentators.

What’s in store?

  • Consideration of the contractual and legal principles relevant to the analysis of whether transactions constitute true sales

  • Analysis of relevant case law and related issues of recharacterisation

  • Provides practical guidance on the law and practice of true sales for specific transactions

  • Deals with complex issues relating to insolvency and practical enforcement, as well issues arising in cross border transactions

  • Go to text for practitioners specialising in banking and finance law.