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Author: Scottish Law Commission
Publisher: Stationery Office/Tso
ISBN: 9780108882609
Category : Law
Languages : en
Pages : 284
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Book Description
This discussion paper looks at three connected areas of law, all important to the smooth running of the Scottish economy. In all three areas Scots law appears to be out of date, and insufficiently business-friendly. From an international perspective current Scots law would appear to be in need of radical reform. The three areas are: (i) he transfer of financial rights (ie a creditor transferring the right to payment, so that the debtor will have a new creditor); (ii) security over corporeal moveable property ("security" means security for a debt) - although Scots law, like other systems, allows security by delivery to the lender (eg handing over a gold watch to a pawnbroker), there are legal hurdles in the way of non-possessory security; (iii) security over incorporeal moveable property. The Discussion Paper discusses the current law, identifies its shortcomings, and suggests possible ways forward. Other legal systems are looked at, including the model that originated in the USA and has now been adopted (with some variations) in a number of other countries including Australia, Canada and New Zealand. It is suggested that Scots law would benefit from adopting some of the model's ideas. It is proposed that there should be a new type of security right, covering both corporeal and incorporeal moveable property. There would be a new online Register of Moveable Transactions, in which the security right would be registered. The new register could also be used to register transfers of financial rights, for example in securitisations and factoring.
Author: Scottish Law Commission
Publisher: Stationery Office/Tso
ISBN: 9780108882609
Category : Law
Languages : en
Pages : 284
Get Book Here
Book Description
This discussion paper looks at three connected areas of law, all important to the smooth running of the Scottish economy. In all three areas Scots law appears to be out of date, and insufficiently business-friendly. From an international perspective current Scots law would appear to be in need of radical reform. The three areas are: (i) he transfer of financial rights (ie a creditor transferring the right to payment, so that the debtor will have a new creditor); (ii) security over corporeal moveable property ("security" means security for a debt) - although Scots law, like other systems, allows security by delivery to the lender (eg handing over a gold watch to a pawnbroker), there are legal hurdles in the way of non-possessory security; (iii) security over incorporeal moveable property. The Discussion Paper discusses the current law, identifies its shortcomings, and suggests possible ways forward. Other legal systems are looked at, including the model that originated in the USA and has now been adopted (with some variations) in a number of other countries including Australia, Canada and New Zealand. It is suggested that Scots law would benefit from adopting some of the model's ideas. It is proposed that there should be a new type of security right, covering both corporeal and incorporeal moveable property. There would be a new online Register of Moveable Transactions, in which the security right would be registered. The new register could also be used to register transfers of financial rights, for example in securitisations and factoring.
Author: Orkun Akseli
Publisher: Bloomsbury Publishing
ISBN: 1509914714
Category : Law
Languages : en
Pages : 465
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Book Description
The reform of commercial law through harmonisation, unification, codification and other means remains one of the most important projects in developing the institutional architecture for the global economy. This edited collection engages with the challenges and contributes to a greater understanding of the problems faced by states, international organisations, and private sector actors in this ongoing reform project for commercial law. The volume takes stock of the project to date and looks towards a restructuring of the agenda to deal with new challenges. The primary aim of the collection is to understand the future of commercial law reform in a way that offers ideas and strategies for innovation as well as in methodologies for project selection and evaluation. In so doing, the collection informs the debate on the global reform of commercial law and will be of interest not only to academics, but also to those involved in the reform of commercial law around the world. The volume collects papers presented at the UK Society of Legal Scholars Annual Seminar 2017.
Author: N. Orkun Akseli
Publisher: Cambridge University Press
ISBN: 1107027446
Category : Business & Economics
Languages : en
Pages : 327
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Book Description
Assesses the standards set by international financial and legislative bodies on secured credit law.
Author: Louise Gullifer
Publisher: Bloomsbury Publishing
ISBN: 1509903127
Category : Law
Languages : en
Pages : 600
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Book Description
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: Sue Farran
Publisher: Bloomsbury Publishing
ISBN: 1509939288
Category : Law
Languages : en
Pages : 365
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Book Description
What are the contemporary challenges faced by property law as we enter the 2nd decade of the 21st century? This collection brings together the research and perspectives of an international body of academics and practitioners to consider these challenges and how even familiar topics must develop to meet new demands and developments. As with previous books in the Modern Studies in Property Law series, this volume adopts a broad approach to topics encompassed by 'property law' in the firm belief that the boundaries that divide are shadowy at best and constantly moving in the endeavour to keep up with what is 'modern'. This collection looks at 5 themes: - Comparative perspectives, including a chapter on grazing and cropping rights in Northern Ireland, and analysis of the anomalies of the English trust law as seen from a civil law perspective; - Taking and alienating property, including a chapter on bankruptcy and the family home; - Modern dilemmas, including chapters on trusts in virtual currency and on smart homes; - Old chestnuts – new challenges, including analysis of the mortgage law reform in Scotland and a chapter on the ouster principle in common law jurisdictions; and - Wills, death and other morbid topics, with chapters on English succession law and the role of knowledge and approval in retrospective assessments of capacity. Unfortunately, the COVID-19 pandemic prevented the 13th biennial conference being held in 2020 as planned but despite this, the authors and co-editors persevered to produce this interesting and diverse collection.
Author: George Gretton
Publisher: Bloomsbury Publishing
ISBN: 1526518767
Category : Law
Languages : en
Pages : 649
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Book Description
Property, Trusts and Succession, Fourth Edition provides full coverage of the property, trusts and succession parts of the LLB syllabus in Scotland in one convenient volume. The relevant rules of statute and common law are surveyed and frequent examples used, making this a highly practical and accessible text. The Fourth Edition of this popular text takes account of significant recent developments, including the draft Moveable Transactions (Scotland) Bill and the ongoing land reform agenda. There is a new section on succession to digital assets. The key contents also includes: - Personal and real rights, and types of property - Ownership and how it is transferred - Prescription - Land registration - Possession - Subordinate real rights, including servitudes, real burdens, leases and securities - Proper and improper liferents - Trusts: constitution, administration and termination - Testate succession - Intestate succession - Execution of documents - Human rights - Appendix on the feudal system Whilst aimed primarily at undergraduates, this important title is also a useful source of reference for practitioners seeking a modern introduction to this area of law. George L Gretton is Lord President Reid Professor of Law Emeritus at the University of Edinburgh and a former Scottish Law Commissioner. Andrew J M Steven is Professor of Property Law at the University of Edinburgh and a former Scottish Law Commissioner.
Author: Warren Barr
Publisher: Bloomsbury Publishing
ISBN: 1509901833
Category : Law
Languages : en
Pages : 394
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Book Description
This book contains a collection of peer-reviewed papers presented at the Tenth Biennial Modern Studies in Property Law Conference held at the University of Liverpool in April 2014. It is the eighth volume to be published under the name of the Conference. The Conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects the diversity and contemporary relevance of modern research in property law. Incorporating a keynote address by Sir John Mummery, retired Lord Justice of Appeal, on 'Property in the Information Age', a number of chapters consider the contribution of property law to issues central to the human condition; the home, health and death. Other papers illustrate an enduring need to question and explore fundamental concepts of the subject as well as to consider the challenges of reforming the law. Collectively the chapters demonstrate the vibrancy and importance of property law in dealing with modern concerns across the common law world.
Author: World Bank
Publisher: World Bank Publications
ISBN: 1464811474
Category : Business & Economics
Languages : en
Pages : 1217
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Book Description
Fifteen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2018 measures aspects of regulation affecting 10 areas of everyday business activity: • Starting a business • Dealing with construction permits • Getting electricity • Registering property • Getting credit • Protecting minority investors • Paying taxes • Trading across borders • Enforcing contracts • Resolving insolvency These areas are included in the distance to frontier score and ease of doing business ranking. Doing Business also measures features of labor market regulation, which is not included in these two measures. The report updates all indicators as of June 1, 2017, ranks economies on their overall “ease of doing business†?, and analyzes reforms to business regulation †“ identifying which economies are strengthening their business environment the most. Doing Business illustrates how reforms in business regulations are being used to analyze economic outcomes for domestic entrepreneurs and for the wider economy. It is a flagship product produced in partnership by the World Bank Group that garners worldwide attention on regulatory barriers to entrepreneurship. More than 137 economies have used the Doing Business indicators to shape reform agendas and monitor improvements on the ground. In addition, the Doing Business data has generated over 2,182 articles in peer-reviewed academic journals since its inception. Data Notes; Distance to Frontier and Ease of Doing Business Ranking; and Summaries of Doing Business Reforms in 2016/17 can be downloaded separately from the Doing Business website.
Author: Nicholas A. Basbanes
Publisher: Vintage
ISBN: 0307279642
Category : History
Languages : en
Pages : 450
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Book Description
A Best Book of the Year: Mother Jones • Bloomberg News • National Post • Kirkus In these pages, Nicholas Basbanes—the consummate bibliophile’s bibliophile—shows how paper has been civilization’s constant companion. It preserves our history and gives record to our very finest literary, cultural, and scientific accomplishments. Since its invention in China nearly two millennia ago, the technology of paper has spread throughout the inhabited world. With deep knowledge and care, Basbanes traces paper’s trail from the earliest handmade sheets to the modern-day mills. Paper, yoked to politics, has played a crucial role in the unfolding of landmark events, from the American Revolution to Daniel Ellsberg’s Pentagon Papers to the aftermath of 9/11. Without paper, modern hygienic practice would be unimaginable; as currency, people will do almost anything to possess it; and, as a tool of expression, it is inextricable from human culture. Lavishly researched, compellingly written, this masterful guide illuminates paper’s endless possibilities.
Author: United Nations Commission on International Trade Law
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 96
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Book Description
The "Model Law" deals with security interests in all types of tangible and intangible movable property, such as goods, receivables, bank accounts, negotiable instruments, negotiable documents,
