Secured Credit in Europe : From Conflicts to Compatibility / Teemu Juutilainen.

Format:

Book

Author/Creator:

Juutilainen, Teemu, author.

Language:

English

Subjects (All):

Security (Law)--Europe.

Security (Law).

Security (Law)--European Union countries.

Debtor and creditor--European Union countries.

Debtor and creditor.

Conflict of laws--Security--European Union countries.

Conflict of laws.

Physical Description:

1 online resource.

Edition:

First edition.

Place of Publication:

Oxford, England : Bloomsbury Publishing Plc, [2018]

System Details:

Mode of access: World Wide Web.

Summary:

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. Awarded the 2016-2018 KG Idman Prize

Contents:

Introduction

I. Overview

II. Security Rights as Relational Legal Positions

III. Incompatibility: Cross-border Problems in Trade and Finance

IV. The Quest for Compatibility

1. Options: The Variety of Means to Promote Compatibility

I. Introduction

II. Thesis: The Centralised Substantive Approach

III. Antithesis: Gentler Approaches

IV. Search for Synthesis: The Integrated Approach

V. Conclusion

2. Objectives: The Essence of Desirable Development towards Greater Compatibility

II. Epistemic Issues: Criteria for Choosing Objectives

III. The Objective of Foreseeability

IV. The Objective of Responsiveness

V. The Objective of Dividing Unforeseeability Costs

VI. Interrelations between Objectives

VII. Conclusion

3. Choices: Options Reviewed in the Light of Objectives

II. The Centralised Substantive Approach

III. The Centralised Conflicts-Approach

IV. The Local Conflicts-Approach

V. The Local Substantive Approach

VI. Conclusion

Please follow link on right side of page to see full table of contents

Notes:

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

Description based on print version record.

ISBN:

9781509910076

OCLC:

1015270102