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4 - Tangible Goods, Monetary Claims, and Investment Securities

Published online by Cambridge University Press:  04 January 2019

Amnon Lehavi
Affiliation:
Harry Radzyner Law School, Israel
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Summary

Chapter 4 studies the cross-border proprietary aspects of various types of movable assets. It looks at tangible goods (chattels), financial intangible assets (such as monetary claims), and investment securities (such as shares or bonds). Identifying the enormous scope of cross-border movement of such assets in today’s economy, the chapter shows the limited role that the lex rei sitae rule can play in governing proprietary disputes. This is especially so because of the growing role of bulks of chattels such as inventories or portfolios of monetary claims in contemporary trade and finance, meaning that it is normatively and practically difficult to identify a single locus for the assets. The chapter focuses on conflicting transactions and bona fide purchases of stolen/embezzled movable assets and analyzes distinct cross-border norms that developed in the context of artwork and cultural artifacts.
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Publisher: Cambridge University Press
Print publication year: 2019

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