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Secured Transactions Law Reform

Secured Transactions Law Reform
Author: Louise Gullifer
Publisher: Bloomsbury Publishing
Total Pages: 600
Release: 2016-10-20
Genre: Law
ISBN: 1509903127

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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.


Secured Transactions Law Reform Principles, Policies and Practice

Secured Transactions Law Reform Principles, Policies and Practice
Author: Louise Gullifer
Publisher:
Total Pages:
Release: 2016
Genre: Credit
ISBN: 9781509903139

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Foreword / Rt Hon Lord Saville of Newdigate -- Introduction / Louise Gullifer -- An outline of a typical PPSA scheme / Hugh Beale -- Historical overview of UCC Article 9 / Peter Winship -- Transplanting Article 9 : the Canadian PPSA experience / Catherine Walsh -- Current issues in secured transactions law in Canada : an Ontario perspective / Anthony Duggan -- The New Zealand perspective / Mike Gedye -- Australian secured transactions law reform / David Brown -- Secured transactions law reform in Malawi : the 2013 Personal Property Security Act / Marek Dubovec and Cyprian Kambili -- Reforming the law of secured transactions in Jersey / Roy Goode and John Rainer -- Reforming the company charge register in Ireland / Noel McGrath -- Reforming the law of secured transactions in Scotland / Andrew J.M. Steven and Hamish Patrick -- The English law of personal property security : under-reformed? / Louise Gullifer and Magda Raczynska -- An uneasy case of multiple tracing claims in English law / Magda Raczynska -- Should clauses prohibiting assignment be overridden by statute? / Louise Gullifer -- The peculiar approach of German law in the field of secured transactions and why it has worked (so far) / Moritz Brinkmann -- Italian secured transactions law : the need for reform / Anna Veneziano -- An overview of the French law on secured transactions / Jean-Francois Riffard -- The Belgian reform on security interests in movable property / Eric Dirix -- Secured transactions law reform in Lithuania / Andrius Smaliukas -- Modernisation of the law of secured transactions in Spain / Teresa Rodríguez de las Heras Ballell and Jorge Feliu Rey -- The ERBD's experience in secured transactions reform : how can outsiders help? / Frederique Dahan -- The United Nations Convention on the assignment of receivables in international trade and small businesses / N. Orkun Akseli -- The UNCITRAL legislative guide on secured transactions and the draft UNCITRAL model law on secured transactions compared / Spyridon V. Bazinas -- Conclusions and recommendations / Louise Gullifer


Secured Transactions Law Reform in Africa

Secured Transactions Law Reform in Africa
Author: Marek Dubovec
Publisher: Bloomsbury Publishing
Total Pages: 552
Release: 2019-10-31
Genre: Law
ISBN: 1509913084

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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.


Secured Transactions Reform and Access to Credit

Secured Transactions Reform and Access to Credit
Author: Frederique Dahan
Publisher: Edward Elgar Publishing
Total Pages: 295
Release: 2009-01-01
Genre: Law
ISBN: 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.


International and Comparative Secured Transactions Law

International and Comparative Secured Transactions Law
Author: Spyridon V Bazinas
Publisher: Bloomsbury Publishing
Total Pages: 369
Release: 2017-10-19
Genre: Business & Economics
ISBN: 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.


Principles of Secured Transactions

Principles of Secured Transactions
Author: James J. White
Publisher:
Total Pages: 0
Release: 2018
Genre: Security (Law)
ISBN: 9781683285175

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Softbound - New, softbound print book.


Secured Transactions

Secured Transactions
Author: James Brook
Publisher: Aspen Publishers
Total Pages: 504
Release: 1999
Genre: Law
ISBN:

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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 Transactions

Secured Transactions
Author: Lynn M. LoPucki
Publisher: Aspen Publishing
Total Pages: 975
Release: 2019-10-31
Genre: Law
ISBN: 1543816851

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The premier authority on secured transactions, Secured Transactions: A Systems Approach is known for its cutting-edge coverage, dynamic pedagogy, and ease of use for instructors. The Systems Approach gives students the big picture. Straightforward explanations and cases prepare the students to solve real-life problems in the context of actual transactions. A modular structure allows for tremendous flexibility in course design. The materials are divided into bite-sized assignments, making it easier for instructors to make and adjust assignments for class. This problem-based casebook supports the teaching of Article 9 alone or expansion of the course to include Article 9 in the full context of bankruptcy, mortgages, judicial liens, and statutory liens. New to the 9th Edition: Updated throughout, while retaining the same structure. Highly adaptable modular text broken into assignments. Main sections can be taught in any order. New cases throughout (including the Second Circuit’s landmark decision in In re Motors Liquidation). Problem-based approach with ethics integrated. Problems progress from easy to difficult. Professors and students will benefit from: Comprehensive Teacher’s Manual with suggestions for teaching coverage, changes from the prior edition, lists of key concepts for each assignment, and the answers to every question asked in the book. The main sections can be taught in any order. Bite-sized assignments organized for 50-minute or 75-minute classes. Can support ABA-qualified experiential courses. Casebook authors who are happy to engage with adopters and include them as characters in the book. Coverage of non-Article 9 aspects of secured transactions that students will need as lawyers Default problem sets for ease of assignment; extra problems for variety from year to year. Engaging problems with interesting characters and real-world issues, providing all of the information necessary to solve the problems. A real-life approach that prepares students for the practice of law. Clear explanations of every subject – no hiding of the ball. Basic financial literacy information included throughout the book. Focus on how lien systems actually work in practice.