International and Comparative Secured Transactions Law

International and Comparative Secured Transactions Law

Author: Spyridon V Bazinas

Publisher: Bloomsbury Publishing

Published: 2017-10-19

Total Pages: 369

ISBN-13: 1509901140

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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.


Comparative Secured Transactions Law

Comparative Secured Transactions Law

Author: Tibor Tajti

Publisher: Akademiai Kiads

Published: 2002

Total Pages: 0

ISBN-13: 9789630578547

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This work is a valuable guidance to one of the most challenging fields of commercial law, increasingly known as secured transactions. Besides canvassing the central features of contemporary leading legal systems in a fairly detailed manner, the focus is on a comparative analysis of the building blocks of these. A detailed account has been also given to the related Hungarian reform efforts of the 1990s. Since the economic potential inherent to developed secured transactions systems has not been fully exploited even by many developed economies, the sudden realization of the importance of credit economies and credit securities should not come as a surprise in the era of globalization. This book is a valuable tool for all those dealing with this area of law in countries striving towards market economy. The author not only highlights the potential role of security in easing the chronic shortage of credit in transitory countries, but also provides the reformers with a repository of tested se


Examples & Explanations for Secured Transactions

Examples & Explanations for Secured Transactions

Author: James Brook

Publisher: Aspen Publishing

Published: 2019-12-30

Total Pages: 505

ISBN-13: 1543819842

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A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis. Here’s why you need an E&E to help you study throughout the semester: Clear explanations of each class topic, in a conversational, funny style. Features hypotheticals similar to those presented in class, with corresponding analysis so you can use them during the semester to test your understanding, and again at exam time to help you review. It offers coverage that works with ALL the major casebooks, and suits any class on a given topic. The Examples & Explanations series has been ranked the most popular study aid among law students because it is equally as helpful from the first day of class through the final exam.


Towards Reforming the Legal Framework for Secured Transactions in Nigeria

Towards Reforming the Legal Framework for Secured Transactions in Nigeria

Author: Chima Williams Iheme

Publisher: Springer

Published: 2016-08-16

Total Pages: 305

ISBN-13: 331941836X

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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.


The Economic Efficiency of Secured Transactions

The Economic Efficiency of Secured Transactions

Author: Luigi Bruno

Publisher:

Published: 2016

Total Pages:

ISBN-13:

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"Countries worldwide are becoming increasingly aware of the existing relationship between the economy and the regulatory environment. The pressure exercised by International Organizations, Financial Institutions and Multinational Corporations is spurring this awareness continuously. Lawmakers across the globe are moulding key areas of their legal systems to get an alleged competitive boost on the international economic markets. One of these key areas is secured transactions. According to the studies conducted by prominent economists, by the European Bank for Reconstruction and Development (EBRD), by the United Nations Commission on International Trade Law (UNCITRAL) and by the World Bank (WB), access to credit is considered an important development factor both at macroeconomic and microeconomic levels - that is for nations, companies and individuals. Secured transactions laws, therefore, by regulating access to credit are the subjects of these studies, which aim by using econometric methodologies, at evaluating the economic efficiency of that regulatory framework. On this basis countries are adopting reform suggestions created with the specific intent of easing the getting credit process and, as a consequence, prompt economic development. The wide adoption of these reform suggestions is producing as a result not only a cross-country circulation of legal patterns, but it is also inducing lawmakers to loosen the collateral requirements necessary to the getting credit process. Examples of this process are the reforms enacted in Quebec, France and Belgium and the deep discussion currently held in Italy regarding the results that a substantial reform of the field would produce for the economy. Common denominator of these reforms in the adoption of a unitary non-possessory security interest developed on the model of the Article 9 of the Uniform Commercial Code. In this light, two questions arise: if we consider the concept of cultural specificity of the law, how can reform laws designed upon econometric measurements and foreign models be able to perform their function in different legal systems? And then, if loosened collateral requirements are the common denominator of all these reforms, what are the potential negative implications on individual consumers?" --


Secured Transactions Reform and Access to Credit

Secured Transactions Reform and Access to Credit

Author: Frederique Dahan

Publisher: Edward Elgar Publishing

Published: 2009-01-01

Total Pages: 295

ISBN-13: 1848444923

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The book is unique. . . It brings together articles on the economics and the law of property rights, and combines these with case studies, observations of what works and what does not, and a checklist of things to watch for. . . This is a very useful book that should appeal to reformers working in the field, whether they are governmental officials trying to modernize their economies, or economists and lawyers working in developmental agencies. . . There are few other books or publications that bring together the views of experts working in this important, albeit somewhat neglected, are of financial sector plumbing. William P. Armstrong, Banking and Finance Law Review . . . a well-presented collection of interesting papers within which one finds a rich resource of information and perspectives on secured transactions reform from parts of the world which are often overlooked in comparative commercial law scholarship. Noel McGrath, Journal of Business Law . . . with its insightful analysis, interesting empirical studies and knowledgeable team of contributors, the book will be illuminating and useful not just for those interested in development, but also anyone who has anything to do with granting credit and taking security. Dora S. Neo, Singapore Journal of Legal Studies This is an excellent, unique book. The material is very well written and presented in a carefully thought-out, coherent way. It tells us a legal story of our own, unique time. Any lawyer working in transition economies, whether or not directly on reform projects, would find it of great interest. Even economists should perhaps take a look at it! Roger McCormick, Law and Financial Markets Review Secured transactions reform, also known as collateral or pledge law reform, is increasingly seen as an important building block for economic development. The commonly held view is that the availability and cost of credit, as well as the efficiency of the market for secured credit, are directly influenced by the laws affecting secured transactions and their implementation. However, there is still a lot of confusion about this relatively complex and technical area of the law and its role in promoting access to credit and economic growth. The chapters presented here provide, for the first time, a comprehensive and cutting-edge view of the subject from both a legal and economic perspective. They start at the macro level of financial systems, moving towards the behaviours of lenders (commercial banks and micro-lenders), policy options for government and the mechanisms of collateral law reform. By approaching the subject from different angles and experiences, the work advocates an inclusive approach to the subject where all stakeholders interests can be taken into account. It addresses the question of what role laws and institutions can play to encourage access to credit. This book will be of primary interest to those involved in economic development and the interaction between law and economics, either for practical reasons (for example, working on reform or providing advice on investment in transition economies) or for research purposes.


Secured Transactions

Secured Transactions

Author: James Brook

Publisher: Aspen Publishers

Published: 1999

Total Pages: 504

ISBN-13:

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The trickiest part of studying the UCC is not understanding the Code sections, but applying them correctly. Now there is a way to illuminate the concepts and principles underlying Article 9 - James Brook's SECURED TRANSACTIONS: Examples & Explanations. This thorough paperback meets the student's need for practice in applying the Code. Through a series of carefully crafted examples that build in complexity, Brook prepares students For The challenge of the world outside the classroom. In the proven style of the entire Examples & Explanations Series, The text first presents important explanations, then poses examples with questions, followed by thoughtful answers. The text is divided into four parts: -The Article 9 Security Interest and its Attachment -Perferction of the Internet -Priorities -Default and Enforcement Structured to complement a secured transactions or commercial law survey course, SECURED TRANSACTIONS: Examples & Explanations is notable for its: -exceptionally clear writting that is expecially effective in areas where the law is ambiguous -flexible organization that can be easily adapted to your teaching method -completely up-to-date material -diagrams and visual aids that guide students through the Code -clear and relevant examples Review this refreshing study guide and you'll want to recommend it to your students. Table of Contents Preface Acknowledgements Special Note PART ONE: THE ARTICLE 9 SECURITY INTEREST AND ITS ATTACHMENT Chapter 1 the Scope of Article 9 Chapter 2 Leases of Goods and Article 9 Chapter 3 Attachment: The Security Agreement Chapter 4 Attachment: Further Criteria PART TWO: PERFECTION OF THE INTEREST Chapter 5 Introduction to Perfection and Classification of Collateral Chapter 6 Perfection by Filing: When and What to File Chapter 7 Perfection by Filing: Where to File Chapter 8 Perfection by Possession Chapter 9 Automatic Perfection: The Purchase Money Security Interest in Consumer Goods Chapter 10 Automatic Perfection: Other Instances Chapter 11 Perfection on Investment Property Chapter 12 Changes in the Situation: When, Where, and What to Refile Chapter 13 Multistate Transactions PART THREE: PRIORITIES Chapter 14 Introduction to Priority And The Basic Priority Rules Chapter 15 Priority And The PMSI Chapter 16 Fixtures Chapter 17 Sales and Other Transfers of Collateral Chapter 18 Proceeds Chapter 19 Chattel Paper and Account Financing Chapter 20 Priorities in Investment Property PART FOUR: DEFAULT AND ENFORCEMENT Chapter 21 the Event of Default And The Process of Repossession Chapter 22 the Foreclosure Sale Chapter 23 Strict Foreclosure And The Right of Redemption Table of UCC Sections Index


Secured Credit in Europe

Secured Credit in Europe

Author: Teemu Juutilainen

Publisher: Bloomsbury Publishing

Published: 2018-03-22

Total Pages: 361

ISBN-13: 1509910077

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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.