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OverviewWinner 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. Full Product DetailsAuthor: Teemu Juutilainen (University of Turku)Publisher: Bloomsbury Publishing PLC Imprint: Hart Publishing Weight: 0.508kg ISBN: 9781509940240ISBN 10: 1509940243 Pages: 360 Publication Date: 23 July 2020 Audience: College/higher education , Tertiary & Higher Education Format: Paperback Publisher's Status: Active Availability: Manufactured on demand  We will order this item for you from a manufactured on demand supplier. Table of ContentsIntroduction I. Overview II. Security Rights as Relational Legal Positions III. Incompatibility: Cross-border Problems in Trade and Finance IV. The Quest for Compatibility 1. Options: The Variety of Means to Promote Compatibility I. Introduction II. Thesis: The Centralised Substantive Approach III. Antithesis: Gentler Approaches IV. Search for Synthesis: The Integrated Approach V. Conclusion 2. Objectives: The Essence of Desirable Development towards Greater Compatibility I. Introduction II. Epistemic Issues: Criteria for Choosing Objectives III. The Objective of Foreseeability IV. The Objective of Responsiveness V. The Objective of Dividing Unforeseeability Costs VI. Interrelations between Objectives VII. Conclusion 3. Choices: Options Reviewed in the Light of Objectives I. Introduction II. The Centralised Substantive Approach III. The Centralised Conflicts-Approach IV. The Local Conflicts-Approach V. The Local Substantive Approach VI. Conclusion Please follow link on right side of page to see full table of contents.ReviewsOverall, there is a plethora of resources used here to construct the work, which is testimony to its origin as a serious academic endeavour ... In summary, the text would be particularly useful to policy-makers and those involved in the process of law reform from academic, judicial, practitioner or stakeholder backgrounds. For that reason, it can come recommended to all those interested in the asset-security and related fields. * International Insolvency Review and Journal of International Banking Law and Regulation * Dr Juutilainen's monograph provides a clear and useful theoretical analysis of the need for the modernisation of secured transactions laws in Europe. * Cambridge Law Journal * Overall, there is a plethora of resources used here to construct the work, which is testimony to its origin as a serious academic endeavour ... In summary, the text would be particularly useful to policy-makers and those involved in the process of law reform from academic, judicial, practitioner or stakeholder backgrounds. For that reason, it can come recommended to all those interested in the asset-security and related fields. -- Paul Omar, Gray’s Inn * International Insolvency Review and Journal of International Banking Law and Regulation * Dr Juutilainen's monograph provides a clear and useful theoretical analysis of the need for the modernisation of secured transactions laws in Europe. -- Orkun Akseli, Durham Law School * Cambridge Law Journal * Overall, there is a plethora of resources used here to construct the work, which is testimony to its origin as a serious academic endeavour ... In summary, the text would be particularly useful to policy-makers and those involved in the process of law reform from academic, judicial, practitioner or stakeholder backgrounds. For that reason, it can come recommended to all those interested in the asset-security and related fields. -- Paul Omar, Gray's Inn * International Insolvency Review and Journal of International Banking Law and Regulation * Dr Juutilainen's monograph provides a clear and useful theoretical analysis of the need for the modernisation of secured transactions laws in Europe. -- Orkun Akseli, Durham Law School * Cambridge Law Journal * Author InformationTeemu Juutilainen is Postdoctoral Researcher at the University of Helsinki, Faculty of Law. Tab Content 6Author Website:Countries AvailableAll regions |
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