Secured Transactions Law Reform : Principles, Policies and Practice

Format:

Book

Author/Creator:

Gullifer, Louise

Language:

English

Subjects (All):

Security (Law).

Law reform.

Other Title:

Secured Transactions Law Reform

Place of Publication:

Hart Publishing

Summary:

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.

Contents:

Cover

Title Page

Foreword

Contents

List of Contributors

Table of Cases

Table of Legislation

Table of International Instruments

1. Introduction

Part I: Modernisation of the Law of Secured Transactions in Common and Mixed Law Jurisdictions

2. An Outline of a Typical PPSA Scheme

3. An Historical Overview of UCC Article 9

4. Transplanting Article 9: The Canadian PPSA Experience

5. Current Issues in Secured Transactions Law in Canada: An Ontario Perspective

6. The New Zealand Perspective

7. Australian Secured Transactions Law Reform

8. Secured Transactions Law Reform in Malawi: the 2013 Personal Property Security Act

9. Reforming the Law of Secured Transactions in Jersey

10. Reforming the Company Charge Register in Ireland

11. Reforming the Law of Secured Transactions in Scotland

Part II: The Current State of Affairs: the English Law of Secured Transactions

12. The English Law of Personal Property Security: Under-reformed?

13. An Uneasy Case of Multiple Tracing Claims in English Law

14. Should Clauses Prohibiting Assignment be Overridden by Statute?

Part III: Modernisation of the Law of Secured Transactions in Selected European Civil Law Jurisdictions

15. The Peculiar Approach of German Law in the Field of Secured Transactions and Why it has worked (So Far)

16. Italian Secured Transactions Law: the Need for Reform

17. The Still Uncompleted Evolution of the French Law on Secured Transactions towards Modernity

18. The Belgian Reform on Security Interests in Movable Property

19. Secured Transactions Law Reform in Lithuania Generated by AI.

Notes:

Part of the metadata in this record was created by AI, based on the text of the resource.

ISBN:

9781509903122

1509903127