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Secured Transactions Law Reform In Africa
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Book Synopsis Secured Transactions Law Reform in Africa by : Marek Dubovec
Download or read book Secured Transactions Law Reform in Africa written by Marek Dubovec and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- A Modern Secured Transactions Law -- COMMON LAW -- Ghana -- Kenya -- Liberia -- Malawi -- Nigeria -- Zambia -- Sierra Leone -- CIVIL LAW -- OHADA Uniform Act on Securities -- Burundi -- Ethiopia -- Tunisia -- MIXED JURISDICTIONS -- Rwanda -- South Africa -- Zimbabwe -- A Modern International Approach to Equipment Financing in Africa: -- Th e Cape Town Convention and its Protocols -- Th e Infrastructure Underpinning a Modern Secured Transactions Law -- Conclusion.
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.
Book Synopsis Secured Transactions Law Reform in Africa by : Marek Dubovec
Download or read book Secured Transactions Law Reform in Africa written by Marek Dubovec and published by Bloomsbury Publishing. This book was released on 2019-10-31 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last few decades, many countries have reformed their secured transactions law. One of the main reasons has been the clear link between reform and the availability of credit, and the drive to improve access to finance, particularly for micro, small and medium-sized enterprises. This book focuses particularly on developing economies in Africa, which have legal frameworks influenced by English, French, Belgian, Roman-Dutch and other laws. Reform in this area of law across African countries has taken a number of forms, which are explored and discussed in this book. Secured Transactions Law Reform in Africa is a mixture of a critical description of the pre-reform law and practice, and the reform process itself. It also includes a comparative analysis of the legal provisions and an examination of the early results of the reforms. The book sets out a road map for the future of secured transactions reform; primarily in Africa, but also in other countries that have undertaken or are contemplating similar reforms. This book is the second in a series of books about Secured Transactions Law in countries around the world, and its reform, both on a national and an international scale. The first book, Secured Transactions Law Reform: Principles, Policies and Practice, was published in 2016.
Book Synopsis Towards Reforming the Legal Framework for Secured Transactions in Nigeria by : Chima Williams Iheme
Download or read book Towards Reforming the Legal Framework for Secured Transactions in Nigeria written by Chima Williams Iheme and published by Springer. This book was released on 2016-08-16 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a valuable guide to one of the most challenging areas of commercial law, now frequently referred to as secured transactions, with a focus on Nigerian, Canadian and United States perspectives. A debtor’s ability to provide collateral influences not only the cost of the money borrowed, but also in many cases, whether secured lenders are willing to offer credit at all. The book proposes that increasing access to, and indeed, lowering the cost of credit could tremendously boost economic development, while at the same time arguing that this would best be achieved if the legal framework for secured transactions in Nigeria, and of course, any other country with similar experiences, were designed to allow the use of personal property and fixtures to secure credit. Similarly, the creation, priority, perfection, and enforcement of security interests in personal property should be simplified and supported by a framework that ensures that neither the interests of secured lenders nor debtors are hampered, so as to guarantee the continuous availability of affordable credit as well as debtors’ willingness to borrow and do business. The book further argues that in addition to the obvious preference for real property over personal property by secured lenders due to the unreformed secured-transactions legal framework in Nigeria, its compartmentalized nature has also resulted in unpredictability in commerce and the concomitant effects of poor access to credit. Through the comparative research conducted in this book utilizing the UCC Article 9 and Ontario PPSA as benchmarks, the author provides reformers with a repository of tested secured-transactions law solutions, which law reformers in the Commonwealth countries in Africa and beyond, as well as the business community will find valuable in dealing with issues that stem from secured transactions.
Book Synopsis Secured Transactions Law Reform Principles, Policies and Practice by : Louise Gullifer
Download or read book Secured Transactions Law Reform Principles, Policies and Practice written by Louise Gullifer and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreword / Rt Hon Lord Saville of Newdigate -- Introduction / Louise Gullifer -- An outline of a typical PPSA scheme / Hugh Beale -- Historical overview of UCC Article 9 / Peter Winship -- Transplanting Article 9 : the Canadian PPSA experience / Catherine Walsh -- Current issues in secured transactions law in Canada : an Ontario perspective / Anthony Duggan -- The New Zealand perspective / Mike Gedye -- Australian secured transactions law reform / David Brown -- Secured transactions law reform in Malawi : the 2013 Personal Property Security Act / Marek Dubovec and Cyprian Kambili -- Reforming the law of secured transactions in Jersey / Roy Goode and John Rainer -- Reforming the company charge register in Ireland / Noel McGrath -- Reforming the law of secured transactions in Scotland / Andrew J.M. Steven and Hamish Patrick -- The English law of personal property security : under-reformed? / Louise Gullifer and Magda Raczynska -- An uneasy case of multiple tracing claims in English law / Magda Raczynska -- Should clauses prohibiting assignment be overridden by statute? / Louise Gullifer -- The peculiar approach of German law in the field of secured transactions and why it has worked (so far) / Moritz Brinkmann -- Italian secured transactions law : the need for reform / Anna Veneziano -- An overview of the French law on secured transactions / Jean-Francois Riffard -- The Belgian reform on security interests in movable property / Eric Dirix -- Secured transactions law reform in Lithuania / Andrius Smaliukas -- Modernisation of the law of secured transactions in Spain / Teresa Rodríguez de las Heras Ballell and Jorge Feliu Rey -- The ERBD's experience in secured transactions reform : how can outsiders help? / Frederique Dahan -- The United Nations Convention on the assignment of receivables in international trade and small businesses / N. Orkun Akseli -- The UNCITRAL legislative guide on secured transactions and the draft UNCITRAL model law on secured transactions compared / Spyridon V. Bazinas -- Conclusions and recommendations / Louise Gullifer
Book Synopsis International and Comparative Secured Transactions Law by : Spyridon V Bazinas
Download or read book International and Comparative Secured Transactions Law written by Spyridon V Bazinas and published by Bloomsbury Publishing. This book was released on 2017-10-19 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of secured transactions has seen dramatic changes in the last decade. International organisations, particularly the United Nations Commission on International Trade Law (UNCITRAL), have been working towards the creation of international legal standards aimed at the modernisation and harmonisation of secured financing laws (eg, the United Nations Convention on the Assignment of Receivables in International Trade, the UNCITRAL Legislative Guide on Secured Transactions and its Intellectual Property Supplement, the UNCITRAL Guide on the Implementation of a Security Rights Registry and the UNCITRAL Model Law on Secured Transactions). The overall theme of this book is international (or cross-border) secured transactions law. It assembles contributions from some of the most authoritative academic voices on secured financing law. This publication will be of interest to those involved in secured transactions around the world, including policy-makers, practitioners, judges, arbitrators and academics.
Book Synopsis Secured Transactions Law Reform and the Modernisation of Personal Property Law by : Muriel Renaudin
Download or read book Secured Transactions Law Reform and the Modernisation of Personal Property Law written by Muriel Renaudin and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Using the Uncitral Legislative Guide as a Tool for a Secured Transactions Reform in Sub-Saharan Africa by : Marek Dubovec
Download or read book Using the Uncitral Legislative Guide as a Tool for a Secured Transactions Reform in Sub-Saharan Africa written by Marek Dubovec and published by . This book was released on 2013 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this article is to introduce the reader to the on-going reform of the secured transactions framework in Malawi that seeks to increase access to credit, particularly for small and medium-sized businesses (SMEs). Malawi may become the first jurisdiction in Africa to have a modern and efficient legal framework in place for security interests in personal property. The legal reform culminated in the adoption of the Personal Property Security Act in July 2013.
Book Synopsis Swimming in Tested Waters by : Williams Iheme
Download or read book Swimming in Tested Waters written by Williams Iheme and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is the view of many scholars that robust economic development of a country is heavily dependent on the sufficient availability of credit in the economy. Doing business leads to jobs-creation and poverty reduction - but that can only happen if sufficient credit is made available to both business and non-business entities. However, lenders of credit are in business and should obtain some form of security, of which proprietary (in rem) security plays a key role. An internet registry which displays all security interests and encumbrances in personal property, thereby providing notice to the public regarding a particular secured transaction is highly recommended for Nigeria. In addition, all personal property should be admissible as collateral, coupled with creditors' self-help right to repossess and sell them in the event of default. The Nigerian legal framework on secured transactions is compartmentalized and insufficient to tackle today's commercial realities, but UCC Article 9 which has so far escaped attention of lawmakers in Nigeria may offer a number of recipes for Nigeria's secured transactions law reform.
Book Synopsis Increasing Access to Credit in Nigeria: A Call for Law Reform by : Iheme Chima Williams
Download or read book Increasing Access to Credit in Nigeria: A Call for Law Reform written by Iheme Chima Williams and published by LAP Lambert Academic Publishing. This book was released on 2015-06-24 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is a package of new ideas - proposing the reform of Nigeria's secured transactions law. The topics discussed in the book will also by extension serve as a wake-up call for other emerging economies whose secured transactions law currently have similarities with Nigeria's to think of reform and the accompanying benefits. The book borrows useful ideas from the "giants" - countries that have figured it out to a large extent, and modifies these ideas to primarily suit Nigeria's local conditions. It is incontrovertibly the case that easy access to credit has become an integral part of a country's economic success, and this book projects this truth from the US/Canada - Nigeria perspectives.
Book Synopsis Personal property law in Nigeria by : Mike A.A. Ozekhome
Download or read book Personal property law in Nigeria written by Mike A.A. Ozekhome and published by Pretoria University Law Press. This book was released on 2019 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses core issues of personal property law in Nigeria from a comparative perspective. It offers a detailed account of the laws governing personal property and the different lightweight reforms undertaken mainly through case law before the enactment of the Secured Transactions in Movable Assets Act in 2017. The book draws insights from the United States UCC article 9, being unarguably the first law that introduced the concept of modern secured transactions law, and was influential to many common and civilian law systems in reforming their personal property laws. Given that personal property law is fairly new in Nigeria, and also in Africa in general, the main aim of the book is to provide judges and academic researchers with a rich collection of tested solutions from jurisdictions that have experimented with modern secured transactions law for several decades. The primary and secondary works that were referenced in the book have tracked the different epochal shifts in legal thinking and their significances. This may assist scholars and judges in Nigeria to come up with bespoke interpretations of the Act and solutions to underlying problems on credit and security, that will satisfy the local conditions as opposed to copying the unaltered solutions from the United States and other advanced systems.
Book Synopsis Legal Problems of Secured Transactions in Nigeria by : Emmanuel O. Nwabuzor
Download or read book Legal Problems of Secured Transactions in Nigeria written by Emmanuel O. Nwabuzor and published by . This book was released on 1993 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Secured Transaction Systems and Collateral Registries by :
Download or read book Secured Transaction Systems and Collateral Registries written by and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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,
Book Synopsis Community Law Reform Program by : New South Wales. Law Reform Commission
Download or read book Community Law Reform Program written by New South Wales. Law Reform Commission and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis Secured Transactions Systems and Collateral Registries by : Weltbankgruppe
Download or read book Secured Transactions Systems and Collateral Registries written by Weltbankgruppe and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The main objective of this toolkit is to provide technical advice and guidance to World Bank Group staff, donor institutions, government officials and other practitioners on the implementation of secured transactions law and institutional reforms in emerging market countries. However, the Toolkit has not been designed to eliminate the need for in-person expert advice for governments that undertake to introduce a secured transactions system. It is necessary to take into account the factors that are unique to each jurisdiction. The content of the Toolkit will guide the reader through the various stages of the project cycle (identification, diagnostic, solution design, implementation, and monitoring and evaluation) involved in the introduction of secured transactions reforms. The recommendations presented in the Toolkit are based on IFC s experience in the secured transactions area, the contributions of a number of experts in this field, existing literature, and reform experience in a number of emerging market countries and the existing best practices in jurisdictions with advanced secured transactions systems. While the Toolkit does not cover all aspects of secured transactions reform, it addresses the most important elements of such reform. The Toolkit does not address secured financing systems involving immovable property as collateral. Chapter one contains a brief discussion of the economic rationale for modern secured transactions systems. Chapter two describes the main elements that a proper diagnostic study of the state of secured transactions in a country should contain. Chapter three provides an overview of project management techniques required to support the full project cycle. One of the most important parts of the Toolkit, chapter four, which deals with the implementation of the reform, includes sections on building consensus for the reform, developing and enacting the necessary laws and regulations, designing and implementing a secured transactions registry, building local awareness and conducting secured transactions training. Chapter five of the Toolkit elaborates in detail the monitoring and evaluation strategy that should be employed following the implementation of the project to assess the effect and impact of reforms. Finally, the toolkit contains a number of annexes that include tools available to develop the different phases of the project as well as technical information.
