RECHERCHES SUR LA POSSESSION EN DROIT DES SURETES REELLES PDF Download

Author: Catherine Krief-Semitko
Publisher:
ISBN:
Category :
Languages : fr
Pages :

View

Book Description
LES SURETES REELLES CONSISTENT A AFFECTER LA VALEUR D'UN BIEN A LA GARANTIE D'UNE CREANCE. DES LORS, IL FAUT ADMETTRE QUE LA POSSESSION EN DROIT DE SURETES REELLES A POUR OBJET LA VALEUR AFFECTEE. CETTE POSSESSION EST EXERCEE A TITRE DE PROPRIETAIRE ET CONSTITUE LA SOURCE VERITABLE DE LA SURETE A TRAVERS LE DROIT DE RETENTION. EN OUTRE, LA POSSESSION GOUVERNE LES MODALITES DE LA SURETE TANT EN CE QUI CONCERNE LA MISE EN POSSESSION DU CREANCIER QUE LA RETENTION. CES MODALITES SONT REGIES PAR L'ARTICLE 2279 DU CODE CIVIL.

Author:
Publisher: Editions Bréal
ISBN: 2749523184
Category :
Languages : en
Pages : 259

View

Book Description

Author: Spyridon V Bazinas
Publisher: Bloomsbury Publishing
ISBN: 1509901140
Category : Business & Economics
Languages : en
Pages : 369

View

Book Description
The law of secured transactions has seen dramatic changes in the last decade. International organisations, particularly the United Nations Commission on International Trade Law (UNCITRAL), have been working towards the creation of international legal standards aimed at the modernisation and harmonisation of secured financing laws (eg, the United Nations Convention on the Assignment of Receivables in International Trade, the UNCITRAL Legislative Guide on Secured Transactions and its Intellectual Property Supplement, the UNCITRAL Guide on the Implementation of a Security Rights Registry and the UNCITRAL Model Law on Secured Transactions). The overall theme of this book is international (or cross-border) secured transactions law. It assembles contributions from some of the most authoritative academic voices on secured financing law. This publication will be of interest to those involved in secured transactions around the world, including policy-makers, practitioners, judges, arbitrators and academics.

Author: Souichirou Kozuka
Publisher: Springer
ISBN: 3319464701
Category : Law
Languages : en
Pages : 379

View

Book Description
This book offers the analysis of the relationship between the Cape Town Convention and national laws on secured transactions. The first part of the book considers why national implementation is so important in the case of the Cape Town Convention and identifies how innovative the Convention is as a uniform law instrument. The second part includes chapters on those states that are Parties to the Cape Town Convention, which analyse how the Convention is implemented under the domestic law. The third part includes chapters on those states that are not Parties to the Convention, which compare their national laws and the Convention to find unique features of the Cape Town Convention’s rules. The fourth part discusses the meaning of Protocols on aircraft, railway rolling stock and space assets from the practitioner’s point of view. As a whole, the book offers insights into the new stage of uniform private law and shows the need for further examination of the subject, which will be essential for international and national legislators, academics of comparative and international private law as well as practitioners who are the users of the uniform law regime.

Author: Eugene Cotran
Publisher: BRILL
ISBN: 9789041108838
Category : Religion
Languages : en
Pages : 612

View

Book Description
Practitioners and academics dealing with the Middle East can turn to the Yearbook of Islamic and Middle Eastern Law for an instant source of information on the developments over an entire year in the region. The Yearbook covers Islamic and non-Islamic legal subjects, including the laws themselves, of some twenty Arab and other Islamic countries. The publication's practical features include: - articles on current topics, -country surveys reflecting important new legislation and amendments to existing legislation per country, - the text of a selection of documents and important court cases, - a Notes and News section, and - book reviews.

Author: Louise Gullifer
Publisher: Bloomsbury Publishing
ISBN: 1509926518
Category : Law
Languages : en
Pages : 651

View

Book Description
This collection of essays offers a unique insight and overview of the secured transactions law in many of the most important countries in Asia, as well as reflections on the need for, benefits of and challenges for reform in this area of the law. The book provides a mixture of general reflections on the history, successes and challenges of secured transaction law reform, and critical discussion of the law in a number of Asian countries. In some of the countries, the law has already been reformed, or reform is under way, and here the reforms are considered critically, with recommendations for future work. In other countries, the law is not yet reformed, and the existing law is analysed so as to determine what reform is desirable, and whether it is likely to take place. First, this book will enable those engaging with the law in Asia to understand better the contours of the law in both civil and common law jurisdictions. Second, it provides analytical insights into why secured transactions law reform happens or does not happen, the different methods by which reform takes place, the benefits of reform and the difficulties that need to be overcome for successful reform. Third, it discusses the need for reform where none has yet taken place and critically assesses the reforms which have already been enacted or are being considered. In addition to providing a forum for discussion in relation to the countries in question, this book is also a timely contribution to the wider debate on secured transactions law reform which is taking place around the world.

Author: Eva-Maria Kieninger
Publisher: Springer Nature
ISBN: 3030441911
Category : Law
Languages : en
Pages : 711

View

Book Description
This book discusses the main legal and economic challenges to the creation and enforcement of security rights in intellectual property and explores possible avenues of reform, such as more specific rules for security in IP rights and better coordination between intellectual property law and secured transactions law. In the context of business financing, intellectual property rights are still only reluctantly used as collateral, and on a small scale. If they are used at all, it is mostly done in the form of a floating charge or some other “all-asset” security right. The only sector in which security rights in intellectual property play a major role, at least in some jurisdictions, is the financing of movies. On the other hand, it is virtually undisputed that security rights in intellectual property could be economically valuable, or even crucial, for small and medium-sized enterprises – especially for start-ups, which are often very innovative and creative, but have limited access to corporate financing and must rely on capital markets (securitization, capital market). Therefore, they need to secure bank loans, yet lack their own traditional collateral, such as land.

Author: Helge Dedek
Publisher: Routledge
ISBN: 1317050207
Category : Law
Languages : en
Pages : 259

View

Book Description
This volume offers a critical analysis and illustration of the challenges and promises of ’stateless’ law thought, pedagogy and approaches to governance - that is, understanding and conceptualizing law in a post-national condition. From common, civil and international law perspectives, the collection focuses on the definition and role of law as an academic discipline, and hybridity in the practice and production of law. With contributions by a diverse and international group of scholars, the collection includes fourteen chapters written in English and three in French. Confronting the ’transnational challenge’ posed to the traditional theoretical and institutional structures that underlie the teaching and study of law in the university, the seventeen authors of Stateless Law: Evolving Boundaries of a Discipline bring new insight to the ongoing and crucial conversation about the future shape of legal scholarship, education and practice that is emblematic of the early twenty-first century. This collection is essential reading for academics, institutions and others involved in determining the future roles, responsibilities and education of jurists, as well as for academics interested in Law, Sociology, Political Science and Education.

Author: Emmanuel T Laryea
Publisher: Siber Ink
ISBN: 1920025545
Category : Law
Languages : en
Pages : 275

View

Book Description
To take Africa from the edge to the centre of the global economy, it is critical to engage African voices in policy discussions on the global political economy. With Africa's projected economic importance in the future and South Africa's prominent role in the G-20 and BRICS, it is vital that this part of the world is involved in restructuring the rules and principles of international economic law. This book examines themes dealing with cross border trade, investment, development and finance issues.

Author: Richard Janda
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773583424
Category : Law
Languages : en
Pages : 359

View

Book Description
Roderick A. Macdonald (1948-2014), internationally renowned for his expertise on access to justice, legal pluralism, and the philosophy of law, was first and foremost a teacher and mentor. He believed in the law as a promise our society makes to itself, and passionately imparted this message to students who went on to become lawyers, judges, and academics. Throughout his career, including participation in several government commissions and tenures as dean of law at McGill University and president of the Law Commission of Canada, he strove to promote ideas that have become woven into our contemporary understanding of unity, reconciliation, accommodation, and social justice. The Unbounded Level of the Mind brings together the fascinating essays developed from presentations made at a symposium, held in February 2014 at McGill’s Faculty of Law, in honour of Rod Macdonald. Eminent legal scholars from Canada and beyond explore various aspects of Macdonald’s rich scholarship, reflecting on the influence this has had on their own work and its implications for the future. Organized around six cross-cutting themes – kaleidoscopic federalism, producing fairness, pluralizing the subject, the priority of distributive justice, contextualizing governance, and pursuing virtue – this volume is both a tribute to Macdonald’s dedication to the law and a call to challenge all assumptions in the quest to better our society.