Structuring Transactions: The Case of Real Estate Finance (Revised version: March 2008)
CONTRACTUAL CERTAINTY IN INTERNATIONAL TRADE, V. Gessner, ed., 2008
25 Pages Posted: 26 Feb 2007 Last revised: 22 Nov 2015
A question often posed but rarely satisfactorily answered is: what do lawyers do? In this paper we take the work of real estate finance lawyers and examine how they structure transactions within the cross-border context. For the analysis the key term is structure as it is this that determines the success or failure of a transaction. This places the lawyer in an analogous position to the architect in a construction project. We provide examples of transactions and how they are articulated. This paper is co-authored by a practitioner and an academic.
Keywords: lawyer-client, banks, lawyers, transactions, structure
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