Cross Border Secured Transactions
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| Author | : Harry C. Sigman |
| Publisher | : Walter de Gruyter |
| Total Pages | : 279 |
| Release | : 2009-04-27 |
| Genre | : Law |
| ISBN | : 3866537050 |
As cross-border trade and cross-border financing continue to increase while security rights over tangible property are governed by the law of the place where the moveable is situated, comparative knowledge of national secured transactions law is crucial for everyone using security rights over tangibles in a cross-border context. This book provides an in-depth examination of the key issues that arise when security rights are created, perfected and enforced in different European countries. Authored by experts on German, English, Dutch, French, Belgian, Italian and Spanish law, the national reports use practical cases and highlight differences and similarities. A special focus is placed on the way in which national courts deal with security interests created elsewhere. A comprehensive introductory chapter analyzes significant secured transactions issues, summarises the comparative data and compares them with Art. 9 of the Uniform Commercial Code (U.S.) and suggests guiding principles for a European harmonization measure or national reform efforts. The book will assist market participants and their counsel to better understand secured transactions law and relevant private international law rules of their own and other countries and assist those involved in national, EU and global law reform efforts.
| Author | : Paula K. Andrews |
| Publisher | : |
| Total Pages | : 104 |
| Release | : 2007* |
| Genre | : Security (Law) |
| ISBN | : |
| Author | : Harry C. Sigman |
| Publisher | : Walter de Gruyter |
| Total Pages | : 295 |
| Release | : 2009-07-29 |
| Genre | : Law |
| ISBN | : 3866538596 |
Receivables transactions play an important role in modern national economies. This book, which studies the law of seven European nations, provides an in-depth examination of the key substantive law issues, as well as a detailed examination of the private international law issues, particularly, the third party effects of assignments. National reports use practical cases to explore the issues and to highlight differences and similarities. The book will assist market participants and their counsel to better understand the rules of their own countries and those of other countries, will be of great value to academics in the private, comparative and private international law fields and will assist those involved in national, EU and global reform efforts.
| Author | : Anjanette Raymond |
| Publisher | : |
| Total Pages | : 25 |
| Release | : 2014 |
| Genre | : |
| ISBN | : |
One year after the adoption of UNCITRAL's Legislative Guide on Secured Transactions provides us with a wonderful opportunity to look both forward and back in assessing the progress of harmonization within the context of the law governing secured transactions. The purpose of this paper will be to review developments in the field of secured transactions law, assessing the different approaches that have been used- both successfully and not- within the context of the harmonization efforts. Part II will briefly consider the ongoing debates and argue that it is time to move past these issues. Part III will discuss the legislative guide and the impact it could have on the harmonization efforts and Part IV will consider the next step in the harmonization efforts.
| Author | : Changmin Chun |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 517 |
| Release | : 2012-08-04 |
| Genre | : Law |
| ISBN | : 3642278531 |
This work aims to analyse substantive and conflict of laws rules regarding intermediated securities in a comparative way. For this purpose, it examines major jurisdictions’ rules for intermediated securities and the intermediated securities holding systems, such as the rules of the German, US, Korean, Japanese and Swiss systems, as well as the relevant EU regimes and initiatives. Above all, it analyses the two international instruments related to intermediated securities, i.e. the Geneva Securities Convention and the Hague Securities Convention. Through a functional comparative approach based upon legal traditions of the various jurisdictions, this book gives readers theoretical and practical information on intermediated securities and their national and international aspects.
| Author | : Spyridon V Bazinas |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 369 |
| Release | : 2017-10-19 |
| Genre | : Business & Economics |
| ISBN | : 1509901140 |
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.
| Author | : Louis F. Del Duca |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2011 |
| Genre | : Security |
| ISBN | : 9781422490815 |
Secured Transactions Under the Uniform Commercial Code and International Commerce presents a clear and concise guide through the law of security interests included in Article 9 and Article 1. Students benefit from the user-friendly problems exploring each issue, illustrating in a concise way how the Code applies to transactions, both as to legal result and as a guide to drafting agreements and financial statements. A significant body of case law from around the country is included in this Second Edition. This new edition is even more user-friendly than the prior edition. Some highlights of the Second Edition are: Notes on "The Role of Codes, Statutes and Case Law" and "Simplifying Complicated Statutory Language" to introduce students to statutory interpretation and help them develop skills to better understand the sometimes complicated text of Article 9. Hypothetical Problems are used on a continuing basis to help students navigate through secured transactions from creation (Chapter 2), to enforcement (Chapter 3), to perfection and priority of the security interest (Chapter 4). With this model, students work with more interesting and more easily understood problems rather than a series of unrelated hypotheticals. Difficult problems created by errors in financing statements, in particular with reference to names of individual debtors, are addressed with new cases interpreting Revised Article 9. Early exposure to In Re QDS which forces them to work with difficult and complicated statutory language to distinguish the so-called "true lease" from the "dirty lease". New materials illustrating breach of the peace, notification, and commercially reasonable foreclosure requirements. Chapter 5 on bankruptcy has been updated to include more comprehensive analysis of the 2005 amendments to the Bankruptcy Code and expanded to include discussion of state and federal rules on fraudulent transfers. The introduction to cross-border secured transactions (Chapter 6), a topic of more and more relevance-and one typically not covered in other casebooks. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
| Author | : Woo-jung Jon |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 349 |
| Release | : 2018-01-25 |
| Genre | : Law |
| ISBN | : 1509914366 |
Legal systems around the world vary widely in terms of how they deal with the transfer of and security interests in receivables. The aim of this book is to help international financiers and lawyers in relevant markets in their practice of international receivables financing. Substantively, this book analyses three types of receivables financing transactions, ie outright transfer, security transfer and security interests. This book covers comprehensive comparison and analysis of the laws on the transfer of and security interests in receivables of fifteen major jurisdictions, encompassing common law jurisdictions, Roman–Germanic jurisdictions and French–Napoleonic jurisdictions, as well as relevant EU Directives. To be more specific, this book compares and analyses the relevant legal systems of the US, Canada, New Zealand, Australia, Korea, Japan, France, Belgium, England, Hong Kong, Singapore, China, Germany, Austria and the Netherlands. Furthermore, in order to analyse those legal systems from the international perspective, this book compares relevant international conventions; it also proposes to establish an international registration system for the transfer of and security interests in receivables.
| Author | : Teemu Juutilainen |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 361 |
| Release | : 2018-03-22 |
| Genre | : Law |
| ISBN | : 1509910077 |
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.
| Author | : Potok |
| Publisher | : Bloomsbury Professional |
| Total Pages | : 382 |
| Release | : 2002-12-01 |
| Genre | : Law |
| ISBN | : 9781845925079 |
"Are you involved in the swap & derivatives, margin lending, repo or securities lending businesses? Do you take or provide indirectly held securities as collateral in cross border situations? If so, Cross Border Collateral: Legal Risk and the Conflict of Laws is the essential publication on this important, niche area of international law, helping you to understand how conflict of laws issues are resolved in 25 key jurisdictions."
