Secured Transactions Under the Uniform Commercial Code and International Commerce

Secured Transactions Under the Uniform Commercial Code and International Commerce

Author: Louis F. Del Duca

Publisher:

Published: 2011

Total Pages: 0

ISBN-13: 9781422490815

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Secured Transactions Under the Uniform Commercial Code and International Commerce presents a clear and concise guide through the law of security interests included in Article 9 and Article 1. Students benefit from the user-friendly problems exploring each issue, illustrating in a concise way how the Code applies to transactions, both as to legal result and as a guide to drafting agreements and financial statements. A significant body of case law from around the country is included in this Second Edition. This new edition is even more user-friendly than the prior edition. Some highlights of the Second Edition are: Notes on "The Role of Codes, Statutes and Case Law" and "Simplifying Complicated Statutory Language" to introduce students to statutory interpretation and help them develop skills to better understand the sometimes complicated text of Article 9. Hypothetical Problems are used on a continuing basis to help students navigate through secured transactions from creation (Chapter 2), to enforcement (Chapter 3), to perfection and priority of the security interest (Chapter 4). With this model, students work with more interesting and more easily understood problems rather than a series of unrelated hypotheticals. Difficult problems created by errors in financing statements, in particular with reference to names of individual debtors, are addressed with new cases interpreting Revised Article 9. Early exposure to In Re QDS which forces them to work with difficult and complicated statutory language to distinguish the so-called "true lease" from the "dirty lease". New materials illustrating breach of the peace, notification, and commercially reasonable foreclosure requirements. Chapter 5 on bankruptcy has been updated to include more comprehensive analysis of the 2005 amendments to the Bankruptcy Code and expanded to include discussion of state and federal rules on fraudulent transfers. The introduction to cross-border secured transactions (Chapter 6), a topic of more and more relevance-and one typically not covered in other casebooks. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.


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.


UNCITRAL Model Law on Secured Transactions

UNCITRAL Model Law on Secured Transactions

Author: United Nations Commission on International Trade Law

Publisher:

Published: 2016

Total Pages: 96

ISBN-13:

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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,


Research Handbook on International Commercial Contracts

Research Handbook on International Commercial Contracts

Author: Andrew Hutchison

Publisher: Edward Elgar Publishing

Published: 2020-12-25

Total Pages: 368

ISBN-13: 178897106X

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This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria, highlighting constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency against the backdrop of key legal regimes commonly chosen in international agreements.


Keeping Pace with Change: Fintech and the Evolution of Commercial Law

Keeping Pace with Change: Fintech and the Evolution of Commercial Law

Author: International Monetary Fund

Publisher: International Monetary Fund

Published: 2022-01-27

Total Pages: 31

ISBN-13: 1616358750

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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.


Security Interests in Personal Property

Security Interests in Personal Property

Author: Grant Gilmore

Publisher: The Lawbook Exchange, Ltd.

Published: 1999

Total Pages: 1556

ISBN-13: 1886363811

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Gilmore, Grant. Security Interests in Personal Property. Boston: Little, Brown & Company, 1965. Two volumes. xxxiv, 651; xiii, 653-1508 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-10258. ISBN 1-886363-81-1. Cloth. $195. * Written by the late Grant Gilmore, Co-Reporter for Article 9 of the Uniform Commercial Code, this landmark work, often cited, is extremely well respected as an acknowledged authority in this area. Combines an engrossing account of the drafting of Article 9 as it emerged in its final form with important interpretive data relating to security interests. This title is the recipient of both the Order of the Coif and the James Barr Ames award. Now back in print and of continued relevance today.