Secured Transactions Law Reform And The Modernisation Of Personal Property Law

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Secured Transactions Law Reform

Author : Louise Gullifer
Publisher : Bloomsbury Publishing
ISBN 13 : 1509903127
Total Pages : 616 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 616 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.

Modern Studies in Property Law, Volume 10

Author : Ben McFarlane
Publisher : Bloomsbury Publishing
ISBN 13 : 1509921389
Total Pages : 626 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Modern Studies in Property Law, Volume 10 by : Ben McFarlane

Download or read book Modern Studies in Property Law, Volume 10 written by Ben McFarlane and published by Bloomsbury Publishing. This book was released on 2019-05-30 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a collection of papers presented at the Twelfth Biennial Modern Studies in Property Law Conference held at University College London in April 2018. The conference and its published proceedings are an established forum for property lawyers from around the world to showcase the latest research. This collection includes a keynote address by Dame Elizabeth Gloster, former Vice President of the Court of Appeal (Civil Division), on technology in property law. It also includes plenary addresses by Professor Henry Smith on the architecture of property law and the challenge of compiling the American Law Institute's Fourth Restatement of Property, and by Her Honour Judge Karen Walden-Smith on the role of the first instance judge in property cases. Sixteen further chapters address a wide range of issues, including the theory and taxonomy of land law, the re-evaluation of land obligations, the nature and operation of equitable property rights and shares, the role of property in commerce, comparative approaches to leases and trusts, and contemporary issues in land registration. Collectively, the chapters demonstrate the vibrancy, diversity and importance of property law and of current research in the subject.

Personal Property Security Law Reform in the UK

Author :
Publisher : Routledge
ISBN 13 : 1135332738
Total Pages : 569 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Personal Property Security Law Reform in the UK by :

Download or read book Personal Property Security Law Reform in the UK written by and published by Routledge. This book was released on with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Future of the Commercial Contract in Scholarship and Law Reform

Author : Maren Heidemann
Publisher : Springer
ISBN 13 : 3319959697
Total Pages : 472 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis The Future of the Commercial Contract in Scholarship and Law Reform by : Maren Heidemann

Download or read book The Future of the Commercial Contract in Scholarship and Law Reform written by Maren Heidemann and published by Springer. This book was released on 2018-11-02 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores commercial contract law in scholarship and legal practice, suggests new research agendas and provides a forum for debate of typical issues that might benefit from further attention by scholarship and legislatures. The authors from over ten different jurisdictions take an international and comparative approach. Not confined to EU law it re-opens the debate internationally and seeks to reclaim the wider meaning of European law as rooted in geography and cultural legal heritage. There is a need to focus on commercial contracts in more detail in research and legislation. The transactional approach, the role of recent law reform, including the new French Civil Code, cross-border dealings, substantive contract law in public international law and ICSID arbitration as well as current contractual practices like OEM, CSR, contractual co-operation, sustainability and intra-corporate arbitration contribute to a wider regulatory outlook for commercial transactions.

International Secured Transactions Law

Author : Orkun Akseli
Publisher : Routledge
ISBN 13 : 1136830553
Total Pages : 380 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 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.

The Future of Commercial Law

Author : Orkun Akseli
Publisher : Bloomsbury Publishing
ISBN 13 : 1509914714
Total Pages : 465 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 465 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.

Keeping Pace with Change: Fintech and the Evolution of Commercial Law

Author : International Monetary Fund
Publisher : International Monetary Fund
ISBN 13 : 1616358750
Total Pages : 31 pages
Book Rating : 4.6/5 (163 download)

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Book Synopsis Keeping Pace with Change: Fintech and the Evolution of Commercial Law by : International Monetary Fund

Download or read book Keeping Pace with Change: Fintech and the Evolution of Commercial Law written by International Monetary Fund and published by International Monetary Fund. This book was released on 2022-01-27 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.

Availability of Credit and Secured Transactions in a Time of Crisis

Author : N. Orkun Akseli
Publisher : Cambridge University Press
ISBN 13 : 110765517X
Total Pages : 327 pages
Book Rating : 4.1/5 (76 download)

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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.

Secured Transactions Law in Asia

Author : Louise Gullifer
Publisher : Bloomsbury Publishing
ISBN 13 : 1509926518
Total Pages : 651 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Secured Transactions Law in Asia by : Louise Gullifer

Download or read book Secured Transactions Law in Asia written by Louise Gullifer and published by Bloomsbury Publishing. This book was released on 2021-03-25 with total page 651 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays offers a unique insight and overview of the secured transactions law in many of the most important countries in Asia, as well as reflections on the need for, benefits of and challenges for reform in this area of the law. The book provides a mixture of general reflections on the history, successes and challenges of secured transaction law reform, and critical discussion of the law in a number of Asian countries. In some of the countries, the law has already been reformed, or reform is under way, and here the reforms are considered critically, with recommendations for future work. In other countries, the law is not yet reformed, and the existing law is analysed so as to determine what reform is desirable, and whether it is likely to take place. First, this book will enable those engaging with the law in Asia to understand better the contours of the law in both civil and common law jurisdictions. Second, it provides analytical insights into why secured transactions law reform happens or does not happen, the different methods by which reform takes place, the benefits of reform and the difficulties that need to be overcome for successful reform. Third, it discusses the need for reform where none has yet taken place and critically assesses the reforms which have already been enacted or are being considered. In addition to providing a forum for discussion in relation to the countries in question, this book is also a timely contribution to the wider debate on secured transactions law reform which is taking place around the world.

Issues in International Commercial Law

Author : Iwan Davies
Publisher : Routledge
ISBN 13 : 1351155229
Total Pages : 288 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Issues in International Commercial Law by : Iwan Davies

Download or read book Issues in International Commercial Law written by Iwan Davies and published by Routledge. This book was released on 2019-06-04 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 2005. It is now possible to identify, within the discipline of law, a distinct body of international commercial law. This engaging book consists of a wide-ranging series of essays which demonstrates the breadth and scope of the subject matter of international commercial law. Many of the themes identified bridge both national and international commercial law. The volume consists of three parts: Credit and Security; Contractual Issues; International Commercial Regulation. It is evident that international commercial law is concerned with private and public law within which there are particular disciplines ranging from banking law, e-commerce, intellectual property, insolvency and increasingly international regulation through criminal law extending beyond frontiers.

Understanding Secured Transactions

Author : William H. Henning
Publisher :
ISBN 13 : 9781531027551
Total Pages : 0 pages
Book Rating : 4.0/5 (275 download)

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Book Synopsis Understanding Secured Transactions by : William H. Henning

Download or read book Understanding Secured Transactions written by William H. Henning and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The sixth edition of this clear and concise Understanding treatise thoroughly incorporates and explains the 2022 Amendments to the Uniform Commercial Code. These amendments created a new Article 12 governing the holding and transfer of digital assets such as virtual currencies and non-fungible tokens. Significant portions of Article 9, the main subject of the book, were amended to facilitate the use of these assets as collateral for loans and other obligations. In describing these amendments, this edition explains inherently complex topics related to emerging technologies clearly, so that those without a background in technology may readily understand them. The new edition also expands its coverage of existing concepts, providing numerous examples to help the reader apply legal principles to many different types of commercial finance transactions. The chapter on the effects of bankruptcy on secured transactions has been thoroughly revised and expanded and provides the most comprehensive explanation of that topic available anywhere"--

The Law of Security and Title-Based Financing 4e

Author : Louise Gullifer
Publisher : Oxford University Press
ISBN 13 : 0198888910
Total Pages : 1137 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Law of Security and Title-Based Financing 4e by : Louise Gullifer

Download or read book The Law of Security and Title-Based Financing 4e written by Louise Gullifer and published by Oxford University Press. This book was released on 2024-11-07 with total page 1137 pages. Available in PDF, EPUB and Kindle. Book excerpt: Personal property security is an important subject in commercial practice as it is the key to much of the law of banking and sale. This book examines traditional methods of securing debts (such as mortgages, charges and pledges as well as so-called 'quasi-security') on property other than land, describing how these are created, how they must be registered (or otherwise 'perfected') if they are to be valid, the rights and duties of the parties and how the security is enforced if the debt is not paid. This fourth edition has been updated to incorporate recent political and legal developments, including Brexit. The 'Edinburgh Reforms', which have followed the United Kingdom's exit from the European Union, promise a thorough overhaul of the consumer credit regime. The Retained EU Law (Revocation and Reform) Act 2023 potentially affects the interpretation of EU assimilated law, including the Financial Collateral Arrangements (No2) Regulations (FCARs). This edition further assesses the implications of the Business Contract Terms (Assignment of Receivables) Regulations 2018, taking pledges over electronic documents of title in the light of the Electronic Trade Documents Act 2023, the outlawing of 'ipso facto' clauses by the Corporate Insolvency and Governance Act 2020, and the reduced scope of the EU Insolvency Regulation. The treatment of insolvency matters within the framework of the Cape Town Convention is also considered, as are recent cases on pledges of bills of lading when the carrier no longer has possession of the goods, the distinction between fixed and floating charges, equitable liens and the right of appropriation of financial collateral. There is a full discussion of the taking of security over digital assets and the relevance of the FCARs. The only full-length treatment covering both traditional security over personal property and also devices that fulfil a similar economic function, such as retention of title and sales of receivables, The Law of Security and Title-Based Financing is a frequently-cited and indispensable reference work both for practitioners and academics.

Competitiveness and Private Sector Development: Egypt 2010 Business Climate Development Strategy

Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264087400
Total Pages : 144 pages
Book Rating : 4.2/5 (64 download)

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Book Synopsis Competitiveness and Private Sector Development: Egypt 2010 Business Climate Development Strategy by : OECD

Download or read book Competitiveness and Private Sector Development: Egypt 2010 Business Climate Development Strategy written by OECD and published by OECD Publishing. This book was released on 2010-10-04 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: An OECD assessment of Egypt's business climate.

Security Rights in Intellectual Property

Author : Eva-Maria Kieninger
Publisher : Springer Nature
ISBN 13 : 3030441911
Total Pages : 711 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis Security Rights in Intellectual Property by : Eva-Maria Kieninger

Download or read book Security Rights in Intellectual Property written by Eva-Maria Kieninger and published by Springer Nature. This book was released on 2020-06-11 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the main legal and economic challenges to the creation and enforcement of security rights in intellectual property and explores possible avenues of reform, such as more specific rules for security in IP rights and better coordination between intellectual property law and secured transactions law. In the context of business financing, intellectual property rights are still only reluctantly used as collateral, and on a small scale. If they are used at all, it is mostly done in the form of a floating charge or some other “all-asset” security right. The only sector in which security rights in intellectual property play a major role, at least in some jurisdictions, is the financing of movies. On the other hand, it is virtually undisputed that security rights in intellectual property could be economically valuable, or even crucial, for small and medium-sized enterprises – especially for start-ups, which are often very innovative and creative, but have limited access to corporate financing and must rely on capital markets (securitization, capital market). Therefore, they need to secure bank loans, yet lack their own traditional collateral, such as land.

UNCITRAL Model Law on Secured Transactions

Author : United Nations Commission on International Trade Law
Publisher :
ISBN 13 :
Total Pages : 96 pages
Book Rating : 4.:/5 (11 download)

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Book Synopsis UNCITRAL Model Law on Secured Transactions by : United Nations Commission on International Trade Law

Download or read book UNCITRAL Model Law on Secured Transactions written by United Nations Commission on International Trade Law and published by . This book was released on 2016 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Model Law" deals with security interests in all types of tangible and intangible movable property, such as goods, receivables, bank accounts, negotiable instruments, negotiable documents,

Mentoring Comparative Lawyers: Methods, Times, and Places

Author : Francesca Fiorentini
Publisher : Springer Nature
ISBN 13 : 3030347540
Total Pages : 306 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Mentoring Comparative Lawyers: Methods, Times, and Places by : Francesca Fiorentini

Download or read book Mentoring Comparative Lawyers: Methods, Times, and Places written by Francesca Fiorentini and published by Springer Nature. This book was released on 2019-11-22 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume features papers written in honor of Mauro Bussani, and celebrates the work and contributions of this renowned scholar of comparative law. The content reflects the various theoretical and practical areas in which he has already left a lasting mark. The essays explore the theory and practice of comparative law in different areas and contexts, and highlight innovative approaches to a large variety of hot-topic private and public law subjects. The authors include young scholars, lawyers, legal consultants, human rights activists, and practitioners, all of whom Professor Bussani has trained, supervised, and supported throughout their careers. The contributions emphasize the many ways in which Professor Bussani’s teaching and scientific output have enriched, revolutionized, and challenged both theory and practice. They cover e.g. the law of secured transactions, Western law and legal pluralism, fashion law, contract law in China and in the Arab World, contract and tort in the West, scientific evidence, risk regulation, global finance, human rights indicators, anti-discrimination laws, democracy and climate change law.

Property and Trust Law in Lithuania

Author : Andrius Smaliukas
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403534834
Total Pages : 372 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Property and Trust Law in Lithuania by : Andrius Smaliukas

Download or read book Property and Trust Law in Lithuania written by Andrius Smaliukas and published by Kluwer Law International B.V.. This book was released on 2021-09-20 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in Lithuania deals with the issues related to rights and interests in all kinds of property and assets – immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in Lithuania will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.