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Under English Law it is possible to create security over almost any asset, but the law is considered to be unsatisfactory. McCormack examines the law in England, highlighting its weaknesses. He uses Article 9 of the American Uniform Commercial Code as a reference point. Contains the text of Article 9.
Book Synopsis Secured Credit Under English and American Law by :
Download or read book Secured Credit Under English and American Law written by and published by . This book was released on 2003 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under English Law it is possible to create security over almost any asset, but the law is considered to be unsatisfactory. McCormack examines the law in England, highlighting its weaknesses. He uses Article 9 of the American Uniform Commercial Code as a reference point. Contains the text of Article 9.
McCormack examines English law on Secured Credit, highlighting its weaknesses, and evaluating possible remedies. Contains the text of Article 9.
Book Synopsis Secured Credit Under English and American Law by : Gerard McCormack
Download or read book Secured Credit Under English and American Law written by Gerard McCormack and published by Cambridge University Press. This book was released on 2004-06-14 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: McCormack examines English law on Secured Credit, highlighting its weaknesses, and evaluating possible remedies. Contains the text of Article 9.
The law of secured credit is both very important and very complex. Perhaps because of this, law students, lawyers, judges, and lawmakers struggle to master its many nuances. Secured credit law may not have the initial appeal that criminal or constitutional law hold in the minds of many, but it forms the backbone of everything from day-to-day consumer transactions to large-scale commercial financing, both around the corner and across the world.
Book Synopsis Secured Credit by : L. David Cromwell
Download or read book Secured Credit written by L. David Cromwell and published by Aspen Publishing. This book was released on 2016-12-15 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of secured credit is both very important and very complex. Perhaps because of this, law students, lawyers, judges, and lawmakers struggle to master its many nuances. Secured credit law may not have the initial appeal that criminal or constitutional law hold in the minds of many, but it forms the backbone of everything from day-to-day consumer transactions to large-scale commercial financing, both around the corner and across the world.
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.
Book Synopsis Secured Credit in Europe by : Teemu Juutilainen
Download or read book Secured Credit in Europe written by Teemu Juutilainen and published by Bloomsbury Publishing. This book was released on 2018-03-22 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
This book will be of great interest to practitioners, policymakers and academics, as well as students, particularly postgraduate students, of law and business throughout the world.
Book Synopsis Secured Credit and the Harmonisation of Law by : Gerard McCormack
Download or read book Secured Credit and the Harmonisation of Law written by Gerard McCormack and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book will be of great interest to practitioners, policymakers and academics, as well as students, particularly postgraduate students, of law and business throughout the world.
Brook & Rowley’s Problems and Cases on Secured Transactions provides an updated problem-based approach to teaching and learning Article 9 of the Uniform Commercial Code. Using a problem-based approach, Brook & Rowley’s Problems and Cases on Secured Transactions 4th Edition engages students with imaginative scenarios while providing an accessible and manageable approach to personal property secured transactions, without avoiding the intricacies of UCC Article 9 or de-emphasizing its interplay with other UCC articles, selected state non-UCC law, or federal bankruptcy law. Designed for a standalone Secured Transactions course, but adaptable to other configurations, the book presents UCC Article 9 as completely comprehensible, even enjoyable, rather than as arcana that only an insider can be expected to understand. Cases have been thoughtfully selected and edited, and the authors’ textual discussion helps connect the cases to the problems and explores the materials’ practical (and practice-oriented) relevance. A good mix of shorter and longer problems gives each chapter a focused flow while frequently recurring characters and basic fact patterns help to reinforce how the lessons of each chapter build onto the more comprehensive whole mapped out in prior and upcoming chapters. Earlier problems lean more heavily, though not exclusively, on the individual and consumer-borrower situations. As the lessons advance, the mix of materials progressively includes more small-business and large-business transactions. New to the Fourth Edition: New co-author Keith A. Rowley brings a quarter century of experience teaching Secured Transactions, augmented by insights gained over nearly two decades of active involvement in the ABA Business Law Section and during his tenures as a Uniform Law Commissioner and as an elected member of the American Law Institute, in which capacity he actively consulted on the 2010 Amendments to UCC Article 9 and made several contributions to the 2022 UCC Amendments, which span the entire Code. New cases that replace statutorily obsolete or judicially superseded ones included in the prior edition or that augment cases carried over from the prior edition. Extensively edited and judiciously augmented textual materials. Extensively edited and judiciously augmented chapter problems. Corrected, replaced, and supplemented end-of-part multiple-choice review questions. Brief discussion of the 2022 UCC Amendments (which have only been adopted in a handful of states), as they relate to pre-amendment UCC Article 9. Professors and students will benefit from: Simple, straightforward organization of chapters and of material within each chapter that makes it easy to tailor assignments according to differing class credits and to the individual instructor’s coverage preferences. Textual introductions, direction to particular statutory sections and comments, and thoughtfully edited cases designed to focus student attention on the issues at hand. Interesting and engaging problems that encourage the students to prepare answers before class discussion, allowing the student to continually monitor their understanding of the topic being covered. Recurring characters and basic fact patterns help students to more readily bridge from one topic to the next and see the bigger picture of UCC Article 9 and how each chapter contributes to better appreciating that picture. Review Questions (with answers) at the end of each Part of the book that helps students gauge their comprehension of and facility with the material discussed over several chapters and help professors meet new ABA formative assessment requirements.
Book Synopsis Problems and Cases on Secured Transactions by : James A. Brook
Download or read book Problems and Cases on Secured Transactions written by James A. Brook and published by Aspen Publishing. This book was released on 2023-09-15 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brook & Rowley’s Problems and Cases on Secured Transactions provides an updated problem-based approach to teaching and learning Article 9 of the Uniform Commercial Code. Using a problem-based approach, Brook & Rowley’s Problems and Cases on Secured Transactions 4th Edition engages students with imaginative scenarios while providing an accessible and manageable approach to personal property secured transactions, without avoiding the intricacies of UCC Article 9 or de-emphasizing its interplay with other UCC articles, selected state non-UCC law, or federal bankruptcy law. Designed for a standalone Secured Transactions course, but adaptable to other configurations, the book presents UCC Article 9 as completely comprehensible, even enjoyable, rather than as arcana that only an insider can be expected to understand. Cases have been thoughtfully selected and edited, and the authors’ textual discussion helps connect the cases to the problems and explores the materials’ practical (and practice-oriented) relevance. A good mix of shorter and longer problems gives each chapter a focused flow while frequently recurring characters and basic fact patterns help to reinforce how the lessons of each chapter build onto the more comprehensive whole mapped out in prior and upcoming chapters. Earlier problems lean more heavily, though not exclusively, on the individual and consumer-borrower situations. As the lessons advance, the mix of materials progressively includes more small-business and large-business transactions. New to the Fourth Edition: New co-author Keith A. Rowley brings a quarter century of experience teaching Secured Transactions, augmented by insights gained over nearly two decades of active involvement in the ABA Business Law Section and during his tenures as a Uniform Law Commissioner and as an elected member of the American Law Institute, in which capacity he actively consulted on the 2010 Amendments to UCC Article 9 and made several contributions to the 2022 UCC Amendments, which span the entire Code. New cases that replace statutorily obsolete or judicially superseded ones included in the prior edition or that augment cases carried over from the prior edition. Extensively edited and judiciously augmented textual materials. Extensively edited and judiciously augmented chapter problems. Corrected, replaced, and supplemented end-of-part multiple-choice review questions. Brief discussion of the 2022 UCC Amendments (which have only been adopted in a handful of states), as they relate to pre-amendment UCC Article 9. Professors and students will benefit from: Simple, straightforward organization of chapters and of material within each chapter that makes it easy to tailor assignments according to differing class credits and to the individual instructor’s coverage preferences. Textual introductions, direction to particular statutory sections and comments, and thoughtfully edited cases designed to focus student attention on the issues at hand. Interesting and engaging problems that encourage the students to prepare answers before class discussion, allowing the student to continually monitor their understanding of the topic being covered. Recurring characters and basic fact patterns help students to more readily bridge from one topic to the next and see the bigger picture of UCC Article 9 and how each chapter contributes to better appreciating that picture. Review Questions (with answers) at the end of each Part of the book that helps students gauge their comprehension of and facility with the material discussed over several chapters and help professors meet new ABA formative assessment requirements.
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.
Book Synopsis Secured Transactions Reform and Access to Credit by : Frederique Dahan
Download or read book Secured Transactions Reform and Access to Credit written by Frederique Dahan and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
In the light of the financial crisis, it has become clear that the globalisation of financial markets has not been matched by the globalisation of legal certainty relating to financial transactions. The ability to give security influences not only the cost of credit but also, in some cases, whether credit will be available at all. Increasing the availability and lowering the cost of credit can make an important contribution to international and domestic economic development. Assessing the international challenges posed by inefficient secured credit laws, this book explores how these can be overcome to facilitate credit through legal reforms. Leading authorities in the field address the key issues surrounding the availability of credit, the role of banks in economic development and financial crises, UNCITRAL's legislative efforts, and international organisations and financial institutions and their involvement in the reform of secured transactions law.
Book Synopsis Availability of Credit and Secured Transactions in a Time of Crisis by : N. Orkun Akseli
Download or read book Availability of Credit and Secured Transactions in a Time of Crisis written by N. Orkun Akseli and published by Cambridge University Press. This book was released on 2013-12-12 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the light of the financial crisis, it has become clear that the globalisation of financial markets has not been matched by the globalisation of legal certainty relating to financial transactions. The ability to give security influences not only the cost of credit but also, in some cases, whether credit will be available at all. Increasing the availability and lowering the cost of credit can make an important contribution to international and domestic economic development. Assessing the international challenges posed by inefficient secured credit laws, this book explores how these can be overcome to facilitate credit through legal reforms. Leading authorities in the field address the key issues surrounding the availability of credit, the role of banks in economic development and financial crises, UNCITRAL's legislative efforts, and international organisations and financial institutions and their involvement in the reform of secured transactions law.
This volume contains the reports and discussions presented at the conference "The Future of Secured Credit in Europe" in Munich from July 12th to July 14th, 2007. It aims at taking the debate to a new stage by exploring the need and possible avenues for creating a European law of security interests. The first part examines – from an economic and a community law perspective – the case for European lawmaking on secured credit and the legislative approach to be taken. The intention in the second and third part is to look in more detail at the choices European lawmakers will have to make in devising a European law of secured credit. The second part focuses on secured transactions involving corporeal movables (tangibles), whereas the third part considers categories of collateral that may require special rules.
Book Synopsis The Future of Secured Credit in Europe by : Horst Eidenmüller
Download or read book The Future of Secured Credit in Europe written by Horst Eidenmüller and published by Walter de Gruyter. This book was released on 2012-07-12 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains the reports and discussions presented at the conference "The Future of Secured Credit in Europe" in Munich from July 12th to July 14th, 2007. It aims at taking the debate to a new stage by exploring the need and possible avenues for creating a European law of security interests. The first part examines – from an economic and a community law perspective – the case for European lawmaking on secured credit and the legislative approach to be taken. The intention in the second and third part is to look in more detail at the choices European lawmakers will have to make in devising a European law of secured credit. The second part focuses on secured transactions involving corporeal movables (tangibles), whereas the third part considers categories of collateral that may require special rules.
This book focuses on international harmonisation and the law of secured transactions by distilling and analysing the unifying principles of various significant international conventions and instruments such as the UN Convention on the Assignment of Receivables, the Unidroit Convention on International Factoring, the EBRD Model Law on Secured Transactions, the Unidroit Convention on the International Interests in Mobile Equipment and the UNCITRAL Legislative Guide on Secured Transactions. International secured transactions conventions and instruments facilitate credit and promote economic activity through the creation of harmonised rules. Therefore, given the increasing globalisation of markets, international reform efforts for the harmonised modernisation of secured transactions law have gained pace over recent years. International Secured Transactions Law draws on experiences in both English and US laws in order to identify and illustrate the existing problems that need to be addressed, as well as identify potential solutions. International Secured Transactions Law will be of interest to scholars, students interested in international commercial law, corporate law or comparative secured transactions, and practitioners involved in international commercial transactions.
Book Synopsis International Secured Transactions Law by : Orkun Akseli
Download or read book International Secured Transactions Law written by Orkun Akseli and published by Routledge. This book was released on 2011-03-17 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on international harmonisation and the law of secured transactions by distilling and analysing the unifying principles of various significant international conventions and instruments such as the UN Convention on the Assignment of Receivables, the Unidroit Convention on International Factoring, the EBRD Model Law on Secured Transactions, the Unidroit Convention on the International Interests in Mobile Equipment and the UNCITRAL Legislative Guide on Secured Transactions. International secured transactions conventions and instruments facilitate credit and promote economic activity through the creation of harmonised rules. Therefore, given the increasing globalisation of markets, international reform efforts for the harmonised modernisation of secured transactions law have gained pace over recent years. International Secured Transactions Law draws on experiences in both English and US laws in order to identify and illustrate the existing problems that need to be addressed, as well as identify potential solutions. International Secured Transactions Law will be of interest to scholars, students interested in international commercial law, corporate law or comparative secured transactions, and practitioners involved in international commercial transactions.
