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Secured transactions law reform : principles, policies and practice / edited by Louise Gullifer and Orkun Akseli.
Format
Book
Language
English
Published/Created
Oxford, UK ; Portland, Oregon : Hart Publishing, 2016.
Description
lviii, 542 pages ; 24 cm
Availability
Copies in the Library
Location
Call Number
Status
Location Service
Notes
Firestone Library - Stacks
K1100 .S415 2016
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Details
Subject(s)
Security (Law)
[Browse]
Law reform
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Credit
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Editor
Gullifer, Louise
[Browse]
Akseli, N. Orkun (Nazim Orkun)
[Browse]
Summary note
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.
Bibliographic references
Includes bibliographical references and index.
Contents
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
The still uncompleted evolution of the French law on secured transactions towards modernity / 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.
Show 21 more Contents items
ISBN
9781849467438 ((hardback ; : alk. paper))
1849467439 ((hardback ; : alk. paper))
LCCN
2016024691
OCLC
907131205
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