Overview

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.

Full Product Details

Author:   Professor Louise Gullifer ,  Professor Orkun Akseli
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.835kg
ISBN:  

9781509927517

ISBN 10:   1509927514
Pages:   600
Publication Date:   21 February 2019
Audience:   Professional and scholarly ,  College/higher education ,  Professional & Vocational ,  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 Contents

1. Introduction Louise Gullifer Part I: Modernisation of the Law of Secured Transactions in Common and Mixed Law Jurisdictions 2. An Outline of a Typical PPSA Scheme Hugh Beale 3. An Historical Overview of UCC Article 9 Peter Winship 4. Transplanting Article 9: The Canadian PPSA Experience Catherine Walsh 5. Current Issues in Secured Transactions Law in Canada: An Ontario Perspective Anthony Duggan 6. The New Zealand Perspective Mike Gedye 7. Australian Secured Transactions Law Reform David Brown 8. Secured Transactions Law Reform in Malawi: the 2013 Personal Property Security Act Marek Dubovec and Cyprian Kambili 9. Reforming the Law of Secured Transactions in Jersey Roy Goode and John Rainer 10. Reforming the Company Charge Register in Ireland Noel McGrath 11. Reforming the Law of Secured Transactions in Scotland Andrew JM Steven and Hamish Patrick Part II: The Current State of Affairs: the English Law of Secured Transactions 12. The English Law of Personal Property Security: Under-reformed? Louise Gullifer and Magda Raczynska 13. An Uneasy Case of Multiple Tracing Claims in English Law Magda Raczynska 14. Should Clauses Prohibiting Assignment be Overridden by Statute? Louise Gullifer Part III: Modernisation of the Law of Secured Transactions in Selected European Civil Law Jurisdictions 15. The Peculiar Approach of German Law in the Field of Secured Transactions and Why it has worked (So Far) Moritz Brinkmann 16. Italian Secured Transactions Law: the Need for Reform Anna Veneziano 17. The Still Uncompleted Evolution of the French Law on Secured Transactions towards Modernity Jean-Francois Riffard 18. The Belgian Reform on Security Interests in Movable Property Eric Dirix 19. Secured Transactions Law Reform in Lithuania Andrius Smaliukas 20. Modernisation of the Law of Secured Transactions in Spain Teresa Rodríguez de las Heras Ballell and Jorge Feliu Rey Part IV: The Potential Influence of International Legislative Texts on Law Reform 21. The EBRD’s Experience in Secured Transactions Reform: How Can Outsiders Help? Frederique Dahan 22. The United Nations Convention on the Assignment of Receivables in International Trade and Small Businesses N Orkun Akseli 23. The UNCITRAL Legislative Guide on Secured Transactions and the Draft UNCITRAL Model Law on Secured Transactions compared Spyridon V Bazinas Part V: Conclusions and Recommendations 24. Conclusions and Recommendations Louise Gullifer

Reviews

This book is a welcome and valuable contribution to the existing body of scholarship on secured transactions law. -- Dr Giuliano Castellano, University of Warwick * Journal of International Banking Law Review * [T]he book provides a thorough analysis of the key aspects of secured credit laws and reform efforts in many leading jurisdictions... In addition to informing and advancing the STR in England, the comparative overviews, analyses and prescriptions provided in this book will undoubtedly be of interest to practitioners and policy makers in other countries. -- Alfonso Nocilla * Banking & Finance Law Review *

This book is a welcome and valuable contribution to the existing body of scholarship on secured transactions law. -- Dr Giuliano Castellano, University of Warwick * Journal of International Banking Law Review *

Author Information

Louise Gullifer is Professor of Commercial Law at the University of Oxford. Orkun Akseli is Senior Lecturer in Commercial Law at Durham University.

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