Secured Credit Under English and American Law PDF Download

Author:
Publisher:
ISBN: 9780511214226
Category : Security (Law)
Languages : en
Pages : 424

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Book Description
Under English Law it is possible to create security over almost any asset, but the law is considered to be unsatisfactory. McCormack examines the law in England, highlighting its weaknesses. He uses Article 9 of the American Uniform Commercial Code as a reference point. Contains the text of Article 9.

Author: Gerard McCormack
Publisher: Cambridge University Press
ISBN: 9780521826709
Category : Business & Economics
Languages : en
Pages : 446

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Book Description
McCormack examines English law on Secured Credit, highlighting its weaknesses, and evaluating possible remedies. Contains the text of Article 9.

Author: L. David Cromwell
Publisher: Aspen Publishing
ISBN: 1454887559
Category : Law
Languages : en
Pages : 673

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Book Description
The law of secured credit is both very important and very complex. Perhaps because of this, law students, lawyers, judges, and lawmakers struggle to master its many nuances. Secured credit law may not have the initial appeal that criminal or constitutional law hold in the minds of many, but it forms the backbone of everything from day-to-day consumer transactions to large-scale commercial financing, both around the corner and across the world.

Author: Gerard McCormack
Publisher: Edward Elgar Publishing
ISBN: 0857933450
Category : Law
Languages : en
Pages : 221

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Book Description
This book will be of great interest to practitioners, policymakers and academics, as well as students, particularly postgraduate students, of law and business throughout the world.

Author: Teemu Juutilainen
Publisher: Bloomsbury Publishing
ISBN: 1509910085
Category : Law
Languages : en
Pages : 396

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Book Description
Winner of the 2016–2018 KG Idman Prize. This monograph seeks the optimal way to promote compatibility between systems of proprietary security rights in Europe, focusing on security rights over tangible movables and receivables. Based on comparative research, it proposes how best to tackle cross-border problems impeding trade and finance, notably uncertainty of enforceability and unexpected loss of security rights. It offers an extensive analysis of the academic literature of more recent years that has appeared in English, German, the Scandinavian languages and Finnish. The author organises the concrete means of promoting compatibility into a centralised substantive approach, a centralised conflicts-approach, a local conflicts-approach and a local substantive approach. The centralised approaches develop EU law, and the local approaches Member State laws. The substantive approaches unify or harmonise substantive law, while the conflicts approaches rely on private international law. The author proposes determining the optimal way to promote compatibility by objective-based division of labour between the four approaches. The objectives developed for that purpose are derived from the economic functions of security rights, the conditions for legal evolution and a transnational conception of justice. This book is an important contribution to the future of secured transactions law in Europe and more widely. It will be of interest to academics, policymakers and legal practitioners involved in this field.

Author: N. Orkun Akseli
Publisher: Cambridge University Press
ISBN: 110765517X
Category : Law
Languages : en
Pages : 327

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Book Description
In the light of the financial crisis, it has become clear that the globalisation of financial markets has not been matched by the globalisation of legal certainty relating to financial transactions. The ability to give security influences not only the cost of credit but also, in some cases, whether credit will be available at all. Increasing the availability and lowering the cost of credit can make an important contribution to international and domestic economic development. Assessing the international challenges posed by inefficient secured credit laws, this book explores how these can be overcome to facilitate credit through legal reforms. Leading authorities in the field address the key issues surrounding the availability of credit, the role of banks in economic development and financial crises, UNCITRAL's legislative efforts, and international organisations and financial institutions and their involvement in the reform of secured transactions law.

Author: Horst Eidenmüller
Publisher: Walter de Gruyter
ISBN: 3110970678
Category : Law
Languages : en
Pages : 416

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Book Description
This volume contains the reports and discussions presented at the conference "The Future of Secured Credit in Europe" in Munich from July 12th to July 14th, 2007. It aims at taking the debate to a new stage by exploring the need and possible avenues for creating a European law of security interests. The first part examines – from an economic and a community law perspective – the case for European lawmaking on secured credit and the legislative approach to be taken. The intention in the second and third part is to look in more detail at the choices European lawmakers will have to make in devising a European law of secured credit. The second part focuses on secured transactions involving corporeal movables (tangibles), whereas the third part considers categories of collateral that may require special rules.

Author: Orkun Akseli
Publisher: Routledge
ISBN: 1136830553
Category : Business & Economics
Languages : en
Pages : 380

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Book Description
This book focuses on international harmonisation and the law of secured transactions by distilling and analysing the unifying principles of various significant international conventions and instruments such as the UN Convention on the Assignment of Receivables, the Unidroit Convention on International Factoring, the EBRD Model Law on Secured Transactions, the Unidroit Convention on the International Interests in Mobile Equipment and the UNCITRAL Legislative Guide on Secured Transactions. International secured transactions conventions and instruments facilitate credit and promote economic activity through the creation of harmonised rules. Therefore, given the increasing globalisation of markets, international reform efforts for the harmonised modernisation of secured transactions law have gained pace over recent years. International Secured Transactions Law draws on experiences in both English and US laws in order to identify and illustrate the existing problems that need to be addressed, as well as identify potential solutions. International Secured Transactions Law will be of interest to scholars, students interested in international commercial law, corporate law or comparative secured transactions, and practitioners involved in international commercial transactions.

Author: Lynn M. LoPucki
Publisher:
ISBN: 9789798889066
Category : Bankruptcy
Languages : en
Pages : 0

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Book Description
"Cases, materials, and problems for the law school course called Secured Credit, Secured Transactions, or Article 9"--

Author: Mike A.A. Ozekhome
Publisher: Pretoria University Law Press
ISBN: 1920538976
Category : Law
Languages : en
Pages : 256

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Book Description
This book addresses core issues of personal property law in Nigeria from a comparative perspective. It offers a detailed account of the laws governing personal property and the different lightweight reforms undertaken mainly through case law before the enactment of the Secured Transactions in Movable Assets Act in 2017. The book draws insights from the United States UCC article 9, being unarguably the first law that introduced the concept of modern secured transactions law, and was influential to many common and civilian law systems in reforming their personal property laws. Given that personal property law is fairly new in Nigeria, and also in Africa in general, the main aim of the book is to provide judges and academic researchers with a rich collection of tested solutions from jurisdictions that have experimented with modern secured transactions law for several decades. The primary and secondary works that were referenced in the book have tracked the different epochal shifts in legal thinking and their significances. This may assist scholars and judges in Nigeria to come up with bespoke interpretations of the Act and solutions to underlying problems on credit and security, that will satisfy the local conditions as opposed to copying the unaltered solutions from the United States and other advanced systems.