This book is the French and updated edition of a contribution in Dutch, written in 1995.The book offers a profound and substantial analysis that is leading for Belgian law, in the area of separation of property and corrective clauses. First, I make a comparative analysis on the basis of which I...

NBC Universal's decision to use Creative Commons-licensed photographs in an Olympic broadcast is an example of how media conglomerates are experimenting with collaboration with amateurs, but it also reveals potential problems of letting nonlawyers negotiate copyright licensing agreements. In the...

The recharacterization of leasehold interests as mortgages has several hundred years of history and doctrinal development that focuses on the intent of the parties. Bankruptcy cases, however, have recently abandoned this body of law, replacing it sub silentio with a federal economic substance...

The concept of double taxation has been the subject matter engaging the attention of the courts in India and abroad from time to time. The Supreme Court in Laxmipat Singhnia v. CIT has made it clear – “it is a basic rule of the law of taxation that unless otherwise expressly provided income...

In recent decades, there has been a global upsurge in the number of corporate collapses and litigation claims by third parties, which have partly been explained by the economic recession occurring in the late 1980's. However, auditing professions in both Australia and around the world have...

There are two purposes of this article. Firstly, it examines the consequences for stakeholders, if the mortgage originator or subsequent assignee of its rights, e.g. the trustee issuer, become insolvent and considers the main legal and financial risk issues that can arise in an RMBS program in...

In Australia, the term “residential mortgage-backed securities” (RMBSs) denotes debt securities, which are secured, in respect of principal and interest on a pool of residential mortgages. A public trustee company specially established solely for this purpose, which is known as a “special...

Securitisation has been one of the most significant financial innovations in the capital markets over the last twenty years. It is the process of converting illiquid but income-producing assets and receivables that are not necessarily marketable, into securities that can be more readily placed...

This chapter discusses the challenges of determining appropriate remedies in cases involving animals with a focus on companion animals. Damages fall into one of two categories: substitutionary relief, which is based on the value of loss of the animal, and specific relief, which “seeks to...

By analyzing a Tennessee bigamy case, a New York same-sex marriage case, and the growing cultural trend toward cohabitation over marriage, this article discusses how and why marriage is the best estate plan to protect vulnerable parties as they age. The article examines how marriage assists...