Property Rights over Money: the Italian Perspective and English Law
Abstract
The work considers money in a different way depending on whether it is used as a means of payment or for other functions. Only in the first case it comes to evidence a characteristic proprietary regime which cuts across the different categories of property by which money assets are represented. In the other cases, money should be considered simply as a fungible asset. However, rules of specification of fungibles should be reconsidered. Specifically, the paper deals with the issues arising in transactions where money is transferred to an intermediary for management. It aims to show that the transferor or the beneficiary keeps real interests in the money transferred. It argues how these interests may be relevant to Italian law, by comparing it with the English legal system. The paper demonstrates that reference to property law may be useful for evaluating the quantum of rights of the transferor of money by referring to the concept of value and by the analysis of law of mixtures under the Italian and the English law. The analysis is worked out in terms of corporeal money but argues that law reaches equivalent outcomes for incorporeal money in the field under consideration.
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
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Artikel in diesem Heft
- Frontiers Article
- Contesting Property Rights: Towards an Integrated Theory of Institutional and System Change
- Advances Article
- Free Speech in the Balance: An Examination of Yahoo! Inc. v. La Ligue Contre Le Racisme et L'Antisemitisme for its Bearing on Conflict of Laws, Global Free Speech, and the International Regulation of the Internet
- Formants and Institutions: Intellectual Meeting Points between Rodolfo Sacco and Douglass North
- The Ambiguous Concept of Product Defectiveness and the Business Risk: Different Approaches of European and U.S. Courts Comparing the Producer's and User's Behaviour
- Topics Article
- Definition of "Investment": Could a Persistent Objector to the Salini Tests be Found in ICSID Arbitral Practice?
- A "Democracy Building" Development Project Indicator for NGOs and International Organizations
- Coexistence of Genetically Modified Crops with Conventional and Organic Agriculture in the European Union
- Property Rights over Money: the Italian Perspective and English Law
