Goode And Gullifer On Legal Problems Of Credit And Security
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| Author | : Royston Miles Goode |
| Publisher | : |
| Total Pages | : 416 |
| Release | : 2013 |
| Genre | : Credit |
| ISBN | : 9780414048027 |
This Goode book gives a concise and lucid explanation of the law and regulation of credit and security. Roy Goode and Louise Gullifer are both well respected academics who offer clarity and rigorous analysis and interpretation of the legal principles behind credit and security transactions. The fundamental concepts of common law and equity as they affect secured transactions are clearly explained and the book explores how underlying principles apply to different transactions. The authors define how security can be applied as part of a credit agreement and explain key concepts such as attachment, set-off, fixed and floating charges.
| Author | : Kayode Akintola |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 211 |
| Release | : 2020-11-27 |
| Genre | : Law |
| ISBN | : 1788971396 |
The significant role of credit in obtaining corporate capital means that credit and the treatment of creditors’ interests raises distinctive issues in the event of company insolvency. In this book, Kayode Akintola addresses these issues, providing an exceptional in-depth analysis of the principles, policy and practice of creditor treatment in corporate insolvency law.
| Author | : Louise Gullifer |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 211 |
| Release | : 2010-06-17 |
| Genre | : Law |
| ISBN | : 1847318010 |
Globally, there has been a shift from securities being held directly by an investor, to a situation in which many securities are held via an intermediary. The existence of one or more intermediaries between the investor and the issuer has a potentially significant impact on the rights of the investor, the role and obligations of the issuer, and on the position and responsibilities of the intermediary. However, different jurisdictions have dealt with the issues arising from intermediation in a variety of ways. In the UK, for example, the concept of a trust is used to explain the different rights and obligations which arise in this scenario, whereas in the US the issues have been addressed by legislation, in the form of UCC Article 8. This variety is problematic, given that it is possible for an investor to hold securities in a number of different jurisdictions. A new UNIDROIT Convention on the issue of Intermediated Securities, the Geneva Securities Convention 2009, aims to create a common framework for dealing with these issues. This collection of essays explores the issues that arise when securities are held via an intermediary, and in particular assesses the solutions put forward by the new Convention on this issue. It will be essential reading for practitioners and academics.
| Author | : Graham Virgo |
| Publisher | : Cambridge University Press |
| Total Pages | : 625 |
| Release | : 2017-08-24 |
| Genre | : Law |
| ISBN | : 1316764559 |
The law of commercial remedies raises a number of important doctrinal, theoretical and practical controversies which deserve sustained and rigorous examination. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. With contributions from twenty-three leading academic and practitioner experts, this book addresses significant issues in the law which, taken together, range across the entire remedial jurisdiction as it applies to commercial disputes. The book primarily focuses on the resolution of controversies in the English law of commercial remedies, but recent developments elsewhere are also considered, especially in other common law jurisdictions. The result provides remarkably comprehensive coverage of the field which will be of relevance to academics, students, judges and practitioners.
| Author | : Louise Gullifer |
| Publisher | : |
| Total Pages | : 441 |
| Release | : 2017-09 |
| Genre | : Loans |
| ISBN | : 9780414064423 |
| Author | : Matthias Haentjens |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 400 |
| Release | : 2020-09-03 |
| Genre | : Law |
| ISBN | : 9780198816935 |
This is the first book to analyse and draw together all of the property law and regulatory and contractual issues relevant to financial collateral transactions. Collateralized finance transactions played a major role in the bankruptcy of Lehman Brothers and the near-failure of AIG during the early months of the global financial crisis, and are being increasingly recognised as being integral to the stability of the global financial system. The book provides a detailed legal analysis of the types of transactions which make up collateralised financing transactions and examines them in their commercial context. Recognising that financial collateral transactions are often global in nature the book covers the legal position in the UK, US, and the EU with specific relevance to practice in the Netherlands, Germany and Belgium. There is a chapter on the relevant private international law issues including conflicts of laws and forum. The book opens with an explanation of how financial collateral transactions are construed, including the relevant standard contract forms. The following chapters discuss the major legal issues and practical considerations, as well as a number of specialist concepts such as safe harbours, 'minimum floors' and securities custody. This new work brings together consideration of the European Securities Financing Regulation, the Collateral Directive, and relevant parts of the Bank Recovery and Resolution Directive.
| Author | : Louise Gullifer |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 616 |
| Release | : 2016-10-20 |
| Genre | : Law |
| ISBN | : 1509903127 |
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.
| Author | : Maren Heidemann |
| Publisher | : Springer |
| Total Pages | : 472 |
| Release | : 2018-11-02 |
| Genre | : Law |
| ISBN | : 3319959697 |
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.
| Author | : Matthias Haentjens |
| Publisher | : Routledge |
| Total Pages | : 295 |
| Release | : 2015-06-05 |
| Genre | : Law |
| ISBN | : 1317483073 |
In recent decades, the volume of EU legislation on financial law has increased exponentially. Banks, insurers, pension funds, investment firms and other financial institutions all are increasingly subject to European regulatory rules, as are day to day financial transactions. Serving as a comprehensive and authoritative introduction to European banking and financial law, the book is organized around the three economic themes that are central to the financial industry: (i) financial markets; (ii) financial institutions; and (iii) financial transactions. It covers not only regulatory law, but also commercial law that is relevant for the most important financial transactions. It also explains the most important international standard contracts such as LMA loan contracts and the GMRA repurchase agreements. Covering a broad range of aspects of financial law from a European perspective, it is essential reading for students of financial law and European regulation.
| Author | : Great Britain. Law Commission |
| Publisher | : The Stationery Office |
| Total Pages | : 388 |
| Release | : 2004 |
| Genre | : Business & Economics |
| ISBN | : 9780117302624 |
Following on from a previous consultation paper on this topic (Law Commission paper 164, ISBN 011730249X) published in July 2002, this report contains draft regulations which set out a scheme for the registration and priority of mortgages and other forms of security created by companies. It also makes general recommendations on the law applicable to security created by unincorporated businesses. Comments on the consultation paper should be received by 23.11.2004 and sent to James Robinson, Law Commission, Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ or emailed to: [email protected]
