Secured Transactions Law Reform in Africa PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Secured Transactions Law Reform in Africa PDF full book. Access full book title Secured Transactions Law Reform in Africa by Marek Dubovec. Download full books in PDF and EPUB format.
Author: Marek Dubovec Publisher: Bloomsbury Publishing ISBN: 1509913092 Category : Law Languages : en Pages : 586
Book Description
Over the last few decades, many countries have reformed their secured transactions law. One of the main reasons has been the clear link between reform and the availability of credit, and the drive to improve access to finance, particularly for micro, small and medium-sized enterprises. This book focuses particularly on developing economies in Africa, which have legal frameworks influenced by English, French, Belgian, Roman-Dutch and other laws. Reform in this area of law across African countries has taken a number of forms, which are explored and discussed in this book. Secured Transactions Law Reform in Africa is a mixture of a critical description of the pre-reform law and practice, and the reform process itself. It also includes a comparative analysis of the legal provisions and an examination of the early results of the reforms. The book sets out a road map for the future of secured transactions reform; primarily in Africa, but also in other countries that have undertaken or are contemplating similar reforms. This book is the second in a series of books about Secured Transactions Law in countries around the world, and its reform, both on a national and an international scale. The first book, Secured Transactions Law Reform: Principles, Policies and Practice, was published in 2016.
Author: Marek Dubovec Publisher: Bloomsbury Publishing ISBN: 1509913092 Category : Law Languages : en Pages : 586
Book Description
Over the last few decades, many countries have reformed their secured transactions law. One of the main reasons has been the clear link between reform and the availability of credit, and the drive to improve access to finance, particularly for micro, small and medium-sized enterprises. This book focuses particularly on developing economies in Africa, which have legal frameworks influenced by English, French, Belgian, Roman-Dutch and other laws. Reform in this area of law across African countries has taken a number of forms, which are explored and discussed in this book. Secured Transactions Law Reform in Africa is a mixture of a critical description of the pre-reform law and practice, and the reform process itself. It also includes a comparative analysis of the legal provisions and an examination of the early results of the reforms. The book sets out a road map for the future of secured transactions reform; primarily in Africa, but also in other countries that have undertaken or are contemplating similar reforms. This book is the second in a series of books about Secured Transactions Law in countries around the world, and its reform, both on a national and an international scale. The first book, Secured Transactions Law Reform: Principles, Policies and Practice, was published in 2016.
Author: Chima Williams Iheme Publisher: Springer ISBN: 331941836X Category : Law Languages : en Pages : 305
Book Description
This book offers a valuable guide to one of the most challenging areas of commercial law, now frequently referred to as secured transactions, with a focus on Nigerian, Canadian and United States perspectives. A debtor’s ability to provide collateral influences not only the cost of the money borrowed, but also in many cases, whether secured lenders are willing to offer credit at all. The book proposes that increasing access to, and indeed, lowering the cost of credit could tremendously boost economic development, while at the same time arguing that this would best be achieved if the legal framework for secured transactions in Nigeria, and of course, any other country with similar experiences, were designed to allow the use of personal property and fixtures to secure credit. Similarly, the creation, priority, perfection, and enforcement of security interests in personal property should be simplified and supported by a framework that ensures that neither the interests of secured lenders nor debtors are hampered, so as to guarantee the continuous availability of affordable credit as well as debtors’ willingness to borrow and do business. The book further argues that in addition to the obvious preference for real property over personal property by secured lenders due to the unreformed secured-transactions legal framework in Nigeria, its compartmentalized nature has also resulted in unpredictability in commerce and the concomitant effects of poor access to credit. Through the comparative research conducted in this book utilizing the UCC Article 9 and Ontario PPSA as benchmarks, the author provides reformers with a repository of tested secured-transactions law solutions, which law reformers in the Commonwealth countries in Africa and beyond, as well as the business community will find valuable in dealing with issues that stem from secured transactions.
Author: Louise Gullifer Publisher: Bloomsbury Publishing ISBN: 1509903127 Category : Law Languages : en Pages : 616
Book Description
Secured transactions law has been subjected to a close scrutiny over the last two decades. One of the main reasons for this is the importance of availability of credit and the consequent need to reform collateral laws in order to improve access to finance. The ability to give security effectively influences not only the cost of credit but also, in some cases, whether credit will be available at all. This requires rules that are transparent and readily accessible to non-lawyers as well as rules that recognise the needs of small and medium-sized enterprises. This book critically engages with the challenges posed by inefficient secured credit laws. It offers a comparative analysis of the reasons and the needs for a secured transactions law reform, as well as discussion of the steps taken in many common law, civil law and mixed law jurisdictions. The book, written under the auspices of the Secured Transactions Law Reform Project, informs the debate about reform and advances novel arguments written by world renowned experts that will build upon the existing literature, and as such will be of interest to academics, legal practitioners and the judiciary involved in secured transactions law around the world. The text considers reform initiatives that have taken place up to the end of April 2016. It has not been possible to incorporate events since then into the discussion. However, notable developments include the banks decree passed by the Italian Government on 29th June 2016, and the adoption of the Model Law on Secured Transactions by UNCITRAL on 1st July 2016.
Author: United Nations Commission on International Trade Law Publisher: ISBN: Category : Law Languages : en Pages : 96
Book Description
The "Model Law" deals with security interests in all types of tangible and intangible movable property, such as goods, receivables, bank accounts, negotiable instruments, negotiable documents,
Author: International Monetary Fund Publisher: International Monetary Fund ISBN: 1616358750 Category : Languages : en Pages : 31
Book Description
This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.
Author: Terence C. Halliday Publisher: Cambridge University Press ISBN: 1107069920 Category : Business & Economics Languages : en Pages : 559
Book Description
Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
Author: Boris Martor Publisher: Kogan Page Publishers ISBN: 9780749439095 Category : Business & Economics Languages : en Pages : 404
Book Description
Praise and Reviews `An important new book.` African Review of Business and Technology Legal harmonization is an essential step to encouraging foreign investment in Africa and the development of sustainable pan-African trade.This important new book explains the new system of law, now being developed and promoted by OHADA. OHADA - the Organization for the Harmonization of Business Law in Africa - is an international organization currently comprising 16 Member States: Benin, Burkina Faso, Cameroon, Central African Republic, Chad, the Federal Islamic Republic of the Comoros, Congo, Côte d'Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Mali, Niger, Senegal and Togo. As a result of the creation of OHADA, business law in these African countries has recently entered a new era of rapid modernization and harmonization. OHADA's essential aim is to promote economic integration and development by creating a secure legal framework for the conduct of business in Africa. In order to achieve this aim, OHADA has enacted a number of laws, known as Uniform Acts, on various aspects of business law including commercial and company laws, insolvency, securities and arbitration. These Uniform Acts are directly applicable throughout the Member States. This book offers an overview of the aims and achievements of the OHADA system and explains in depth the legislation that has been issued to date. It will be invaluable to legal and business development executives in major global companies, international law firms, accountants and management consultants, students of international business law, government agencies, and NGOs concerned with Africa and African business people. The authors are members of the Africa team in the Paris office of Eversheds: Boris Martor, Avocat à la Cour de Paris Nanette Pilkington, Avocat à la Cour de Paris David S. Sellers, Solicitor, England & Wales, Avocat à la Cour de Paris Sébastien Thouvenot, Docteur en droit, Elève-avocat who have worked in close collaboration with: Adesegun A. Akin-Olugbade, General Counsel, African Development Bank Dr. Martha Simo Tumnde née Njikam, Barrister and Solicitor of the Supreme Court of Cameroon, Head of Department of Law and Vice-Dean in charge of Programmes and Academic Affairs in the Faculty of Social and Management Sciences, University of Buea, Cameroon
Author: Eva-Maria Kieninger Publisher: Springer Nature ISBN: 3030441911 Category : Law Languages : en Pages : 711
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: Marek Dubovec
Author: Marek Dubovec
Author: Chima Williams Iheme
Author: Louise Gullifer
Author: United Nations Commission on International Trade Law
Author: International Monetary Fund
Author: Terence C. Halliday
Author: 
Author: Boris Martor
Author: Marek Dubovec
Author: Eva-Maria Kieninger