The Future of Secured Credit in Europe

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 3110970678
Total Pages : 414 pages
Book Rating : 4.1/5 (19 download)

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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 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume containsthe 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.

Secured Credit in Europe

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509910077
Total Pages : 360 pages
Book Rating : 4.5/5 (99 download)

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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.

Secured Credit Under English and American Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9780521826709
Total Pages : 446 pages
Book Rating : 4.8/5 (267 download)

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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.

International Secured Transactions Law

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Author :
Publisher : Routledge
ISBN 13 : 1136830561
Total Pages : 338 pages
Book Rating : 4.1/5 (368 download)

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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 338 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.

The Impact of the Mortgage Credit Directive in Europe

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Author :
Publisher :
ISBN 13 : 9789089521989
Total Pages : 460 pages
Book Rating : 4.5/5 (219 download)

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Book Synopsis The Impact of the Mortgage Credit Directive in Europe by : Miriam Anderson

Download or read book The Impact of the Mortgage Credit Directive in Europe written by Miriam Anderson and published by . This book was released on 2017 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: How has European Private Law responded to the property and mortgage markets crisis? And in what way is this reaction likely to model domestic systems? The financial and economic crisis that marked the beginning of the century has had a devastating effect on the property and mortgage markets in many Member States of the European Union. Despite this, the European legislator took its time to respond. This book analyzes the impact of the Mortgage Credit Directive (Directive 2014/17) in twelve different jurisdictions: Belgium, England, France, Germany, Greece, Ireland, Italy, Malta, The Netherlands, Poland, Portugal, and Spain. The reports show how in some instances only certain products (such as foreign currency loans) or practices (irresponsible lending, homeownership promoting policies, the use of unfair terms) were factors that triggered the property crash; in other cases; the system completely failed to address an exceptional situation; and, finally, how in some instances prudent lending explained why the market was virtually not hit at all. This book aims to find out whether the two goals of Directive 2014/17 (financial sector stability and enhanced consumer protection) can be achieved in light of its provisions and of the transposition carried out by the different Member States, and whether the changes it introduces have a significant impact in the jurisdictions considered here. Some systems are already showing signs of yet another property bubble. There is room for hope: perhaps we have learned from the past, perhaps the Directive is a step forward, but more importantly this book shows that we can learn from each other. [Subject: European Law, Private Law, Property Law]

Secured Transactions Law Reform

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509903119
Total Pages : 600 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Secured Transactions Law Reform by : Louise Gullifer

Download or read book Secured Transactions Law Reform written by Louise Gullifer and published by Bloomsbury Publishing. This book was released on 2016-10-20 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Party Autonomy in International Property Law

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 3866539320
Total Pages : 283 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Party Autonomy in International Property Law by : Roel Westrik

Download or read book Party Autonomy in International Property Law written by Roel Westrik and published by Walter de Gruyter. This book was released on 2011-06-30 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Party autonomy is a subject that is traditionally rejected in the field of property law. Legal systems throughout Europe and most parts of the world still found their property law on the lex situs. This point of view, however, is challenged more and more. The immense intensification of worldwide trade may have turned boundaries between countries into barriers in a world that needs flexibility. This book deals with important questions concerning this problem, including: What happens to property rights related to movables and claims when borders are crossed? Do we recognize a German retention of title or an American security right? Which law will apply: the law of the country of origin, the lex situs or the law of the country of destination? How does legislation concerning financial instruments relate to the problem, and what is it all worth in insolvency situations?

Property Rights and Bijuralism

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Author :
Publisher : Mohr Siebeck
ISBN 13 : 3161591682
Total Pages : 592 pages
Book Rating : 4.1/5 (615 download)

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Book Synopsis Property Rights and Bijuralism by : Jan Jakob Bornheim

Download or read book Property Rights and Bijuralism written by Jan Jakob Bornheim and published by Mohr Siebeck. This book was released on 2020-10-12 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Using the Canadian experience as a model, Jan Jakob Bornheim shows that the efficient interaction of common law and civil law can take place on both vertical and horizontal planes."--

Edinburgh Student Law Review - Issue 3 Europeanisation

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Author :
Publisher : Edinburgh Student Law Revie
ISBN 13 :
Total Pages : 110 pages
Book Rating : 4./5 ( download)

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Book Synopsis Edinburgh Student Law Review - Issue 3 Europeanisation by :

Download or read book Edinburgh Student Law Review - Issue 3 Europeanisation written by and published by Edinburgh Student Law Revie. This book was released on with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Coherence and Fragmentation in European Private Law

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 3866539657
Total Pages : 184 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Coherence and Fragmentation in European Private Law by : Pia Letto-Vanamo

Download or read book Coherence and Fragmentation in European Private Law written by Pia Letto-Vanamo and published by Walter de Gruyter. This book was released on 2012-08-31 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most important characteristics of today’s private law is that it increasingly flows from different sources: Next to national legislation and case law, it is also shaped by European and supranational sources and rapidly becoming a mixture of differently oriented rules and principles. This development can be described as one from coherence to fragmentation. The aim of the new book is to consider how this important shift has worked out in different subfields of the law like in contract and property law, in competition, insurance, marketing and private international law as well as in the law of intellectual property. This cross-disciplinary approach shows how pervasive legal fragmentation has become, and points out how to remedy the adverse effects it brings with it. The volume is therefore indispensable for anyone interested in how Europeanisation affects national private laws.

Consumer Credit, Debt and Investment in Europe

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Author :
Publisher : Cambridge University Press
ISBN 13 : 110701302X
Total Pages : 337 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Consumer Credit, Debt and Investment in Europe by : James Devenney

Download or read book Consumer Credit, Debt and Investment in Europe written by James Devenney and published by Cambridge University Press. This book was released on 2012-07-12 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This topical collection of essays provides a detailed analysis of European consumer protection law in credit and investment.

Consumer Credit in the European Union

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Author :
Publisher : The Stationery Office
ISBN 13 : 9780104009116
Total Pages : 176 pages
Book Rating : 4.0/5 (91 download)

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Book Synopsis Consumer Credit in the European Union by : Great Britain: Parliament: House of Lords: European Union Committee

Download or read book Consumer Credit in the European Union written by Great Britain: Parliament: House of Lords: European Union Committee and published by The Stationery Office. This book was released on 2006-07-05 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evidence taken before Sub-committee G (Social and Consumer Affairs).

Roman Law and Economics

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Author :
Publisher : Oxford University Press
ISBN 13 : 0191090999
Total Pages : 448 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Roman Law and Economics by : Giuseppe Dari-Mattiacci

Download or read book Roman Law and Economics written by Giuseppe Dari-Mattiacci and published by Oxford University Press. This book was released on 2020-05-26 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ancient Rome is the only society in the history of the western world whose legal profession evolved autonomously, distinct and separate from institutions of political and religious power. Roman legal thought has left behind an enduring legacy and exerted enormous influence on the shaping of modern legal frameworks and systems, but its own genesis and context pose their own explanatory problems. The economic analysis of Roman law has enormous untapped potential in this regard: by exploring the intersecting perspectives of legal history, economic history, and the economic analysis of law, the two volumes of Roman Law and Economics are able to offer a uniquely interdisciplinary examination of the origins of Roman legal institutions, their functions, and their evolution over a period of more than 1000 years, in response to changes in the underlying economic activities that those institutions regulated. Volume II covers the concepts of exchange, ownership, and disputes, analysing the detailed workings of credit, property, and slavery, among others, while Volume I explores Roman legal institutions and organizations in detail, from the constitution of the Republic to the management of business in the Empire. Throughout each volume, contributions from specialists in legal and economic history, law, and legal theory are underpinned by rigorous analysis drawing on modern empirical and theoretical techniques and methodologies borrowed from economics. In demonstrating how these can be fruitfully applied to the study of ancient societies, with due deference to the historical context, Roman Law and Economics opens up a host of new avenues of research for scholars and students in each of these fields and in the social sciences more broadly, offering new ways in which different modes of enquiry can connect with and inform each other.

The Future of Commercial Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509914706
Total Pages : 336 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Future of Commercial Law by : Orkun Akseli

Download or read book The Future of Commercial Law written by Orkun Akseli and published by Bloomsbury Publishing. This book was released on 2020-04-16 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The reform of commercial law through harmonisation, unification, codification and other means remains one of the most important projects in developing the institutional architecture for the global economy. This edited collection engages with the challenges and contributes to a greater understanding of the problems faced by states, international organisations, and private sector actors in this ongoing reform project for commercial law. The volume takes stock of the project to date and looks towards a restructuring of the agenda to deal with new challenges. The primary aim of the collection is to understand the future of commercial law reform in a way that offers ideas and strategies for innovation as well as in methodologies for project selection and evaluation. In so doing, the collection informs the debate on the global reform of commercial law and will be of interest not only to academics, but also to those involved in the reform of commercial law around the world. The volume collects papers presented at the UK Society of Legal Scholars Annual Seminar 2017.

The Future of European Property Law

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 3866539312
Total Pages : 256 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis The Future of European Property Law by : Sjef Erp van

Download or read book The Future of European Property Law written by Sjef Erp van and published by Walter de Gruyter. This book was released on 2012-05-29 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: European integration has a growing impact on the property law systems of the EU Member States. The tensions which can be seen are considerably greater than in other areas of private law, given the technically complex and mandatory nature of property law. In this book current developments in European property law (particularly the Draft Common Frame of Reference) are analysed and evaluated, focussing on secured transactions and mortgage law. With contributions by academic and practicing lawyers, containing: Transfer of ownership and good faith acquisition: the rules in the Member States and in Book VIII of the DCFR Secured transactions and the DCFR Registration of intellectual property rights Trusts - from a Common and a Civil lawyer’s perspective The border area between property law and contract law: securities

The Interaction of Contract Law and Tort and Property Law in Europe

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Author :
Publisher : sellier. european law publ.
ISBN 13 : 3935808208
Total Pages : 574 pages
Book Rating : 4.9/5 (358 download)

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Book Synopsis The Interaction of Contract Law and Tort and Property Law in Europe by : Christian von Bar

Download or read book The Interaction of Contract Law and Tort and Property Law in Europe written by Christian von Bar and published by sellier. european law publ.. This book was released on 2004 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.

Research Handbook on Cross-border Enforcement of Intellectual Property

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1781955808
Total Pages : 904 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Research Handbook on Cross-border Enforcement of Intellectual Property by : Paul Torremans

Download or read book Research Handbook on Cross-border Enforcement of Intellectual Property written by Paul Torremans and published by Edward Elgar Publishing. This book was released on 2014-12-31 with total page 904 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on Cross-border Enforcement of Intellectual Property systematically analyses the unique difficulties posed by cross-border intellectual property disputes in the modern world. The contributions to this book focus on the enf