1 INTRODUCTION The ability to transfer rights (and sometimes obligations) is central to mod- ern commerce and indeed to modern notions of property. It is no accident that the world's richest man (at the time of writing) is rich not as a result of his ownership of land or other tangible assets, but in "intangible property", property which owes its existence as such to the capacity to transfer it. Nu- merous types of basic commercial transactions and property depend on effi- cient mechanisms of transferring rights and obligations, including receivables financing, securitization, loan participation, international sale of goods, intel- lectual property rights and so forth, and these have acquired considerable im- portance in international transactions.2 Surprisingly, though, the ways in which different legal traditions regard such transfers can be, on the surface at least, quite different, and quite closely linked to morality, concepts of which vary. This piece aims to examme the approaches taken to this subject by four legal systems: those of England, France, the shari`a3 and the United Arab Emirates (the UAE). This combination of jurisdictions gives a view of one example of the dominant, common law outlook, together with an example of a civil law
Yearbook of Islamic and Middle Eastern Law Online – Brill
Published: Jan 1, 1
It’s your single place to instantly
discover and read the research
that matters to you.
Enjoy affordable access to
over 18 million articles from more than
15,000 peer-reviewed journals.
All for just $49/month
Query the DeepDyve database, plus search all of PubMed and Google Scholar seamlessly
Save any article or search result from DeepDyve, PubMed, and Google Scholar... all in one place.
Get unlimited, online access to over 18 million full-text articles from more than 15,000 scientific journals.
Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.
All the latest content is available, no embargo periods.
“Hi guys, I cannot tell you how much I love this resource. Incredible. I really believe you've hit the nail on the head with this site in regards to solving the research-purchase issue.”Daniel C.
“Whoa! It’s like Spotify but for academic articles.”@Phil_Robichaud
“I must say, @deepdyve is a fabulous solution to the independent researcher's problem of #access to #information.”@deepthiw
“My last article couldn't be possible without the platform @deepdyve that makes journal papers cheaper.”@JoseServera