Overview
Personal property security is an important subject in commercial practice, as it is the key to much of the law of banking and sale. This second edition has been fully updated and expanded to cover all important issues and changes within this highly complex area of law. It explains traditional methods of securing debts (such as mortgages, charges and pledges) on property other than land, describing how these are created, how they must be registered (or otherwise 'perfected') if they are to be valid, the rights and duties of the parties and how the security is enforced if the debt is not paid. The book includes an expanded section on priorities in which it explains how 'priority' disputes between competing interests over the same property are resolved. In addition the book covers the law governing other transactions that perform a similar economic function (such as finance leases, retention of title clauses and sales of a company's book debts). These are not currently treated by the law as security and are therefore subject to different rules on perfection, priority and enforcement. There is much expansion of the discussion relating to enforcement including the issue of 'right of use' following Lehman, more analysis on administration and all forms of non-possessory security and quasi-security, and a new chapter on enforcement of security addressing the right of appropriation under FC/FCAR and the Cukurova case.The conflict of laws section includes developments under the Rome I Regulation affecting assignment issues, the Unidroit Convention 2009 in relation to tiered holdings and the Cape Town Convention's extensions made to coverage of asset-backed security over equipment. The changes brought about by the abolition of Slavenburg registration are also taken on board.This edition contains relevant points from the Banking Act 2009 concerning its impact on security, such as the power to protect certain interests on a transfer of property and also considers amendments regarding liquidators' expenses under the Insolvency Rules. The authors additionally deal with the role of step-in rights and why they are part of the statutory definition of project finance in the Enterprise Act. This new edition brings together all of the law on this complex area, giving guidance in the context of commercial practice, especially with increased coverage of conflict of laws, priority, insolvency and enforcement.
Full Product Details
Author: Hugh Beale (Professor of Law in the University of Warwick; Law Commissioner for England and Wales) ,
Michael Bridge (Professor of Commercial Law, London School of Economics) ,
Louise Gullifer (Fellow and tutor in law, Harris Manchester College, Oxford) ,
Eva Lomnicka (Professor of Law, King's College London; Barrister, 4 New Square Chambers)
Publisher: Oxford University Press
Imprint: Oxford University Press
Edition: 2nd Revised edition
Dimensions:
Width: 17.50cm
, Height: 5.40cm
, Length: 24.70cm
Weight: 1.648kg
ISBN: 9780199608720
ISBN 10: 0199608725
Pages: 888
Publication Date: 22 March 2012
Audience:
Professional and scholarly
,
Professional & Vocational
Format: Hardback
Publisher's Status: Active
Availability: To order
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.
Reviews
This book is as close as one can get to an authoritative and comprehensive text on the law of security and title-based financing in the United Kingdom. Its offers a detailed and critical analysis of the law and it is likely to be valued for its erudition by the publications established readership of practitioners, legal academics, and post-graduate students, who found the first edition such an important source of reference for the law of security and title-based financing. Tom Burns, Edinburgh Law Review Building on the successful first edition (bearing the title iThe Law of Personal Property Securityr), the same team of well-known academics have produced another excellent work... Apart from being a useful resource, this work should also serve to stimulate debate in many knotty areas of personal property law. Look Chan Ho, Journal of International Banking Law and Regulation
Building on the successful first edition (bearing the title iThe Law of Personal Property Securityr), the same team of well-known academics have produced another excellent work... Apart from being a useful resource, this work should also serve to stimulate debate in many knotty areas of personal property law. Look Chan Ho, Journal of International Banking Law and Regulation
Building on the successful first edition (bearing the title iThe Law of Personal Property Securityr), the same team of well-known academics have produced another excellent work... Apart from being a useful resource, this work should also serve to stimulate debate in many knotty areas of personal property law. * Look Chan Ho, Journal of International Banking Law and Regulation * This book is as close as one can get to an authoritative and comprehensive text on the law of security and title-based financing in the United Kingdom. Its offers a detailed and critical analysis of the law and it is likely to be valued for its erudition by the publications established readership of practitioners, legal academics, and post-graduate students, who found the first edition such an important source of reference for the law of security and title-based financing. * Tom Burns, Edinburgh Law Review *
Author Information
Professor Hugh Beale is Professor of Law at the University of Warwick. Professor Michael Bridge is Professor of Commercial Law at the London School of Economics. He is also a barrister of the Middle Temple. Before coming to the LSE in 2007, he held chairs in law at McGill University, the University of Nottingham and UCL, and was Dean of the Faculty of Laws at UCL. Louise Gullifer is a Fellow and tutor in law at Harris Manchester College, Oxford. Professor Eva Lomnicka is Professor of law at King's College, London, and is also a barrister at 4 New Square Chambers.
