Author: Publisher: Editions Bréal
ISBN: 2749523184
Category :
Languages : en
Pages : 259
Book Description
Author: Publisher: Editions Bréal
ISBN: 2749523184
Category :
Languages : en
Pages : 259
Book Description
Personal Security
Author: Ulrich DrobnigPublisher: Walter de Gruyter
ISBN: 3866537093
Category : Law
Languages : en
Pages : 600
Book Description
A creditor who made a loan to a debtor but does not have full confidence into the ability or willingness of the debtor to repay the loan fully and punctually, has two main options for securing his loan capital: He either can demand that the debtor gives him real security by encumbering one or several of his assets. Or he suggests to the debtor to win over a third party to act as a guarantor and to assume joint liability for repayment of the loan. Such a form of personal security by means of a bond has been known for centuries. During the last decades, however, a number of other models for providing personal security for loans have been developed, in particular the guarantee, by now widely used in commerce. Within the framework of plans of the Commission of the European Union to work out a uniform "framework of reference" for contract law, a multinational work group of the Study Group on a European Civil Code prepared proposals for uniform rules on personal security models. The proposals are based on legal developments formulated in the member states in the last decades and present draft uniform rules for the two basic types, viz. the dependent and the independent personal security for loans. Each proposal not only is accompanied by explanations but the legal situation in each of the 15 old member states is sketched also. The work therefore is not only a presentation of a future model for European rules to come but provides also a fairly detailed indication of the present legal situation in the member states.
Treaties and Other International Acts Series
Author: Publisher:
ISBN:
Category : United States
Languages : en
Pages : 1078
Book Description
United States Treaties and Other International Agreements
Author: Publisher:
ISBN:
Category : United States
Languages : en
Pages : 1466
Book Description
International and Comparative Secured Transactions Law
Author: Spyridon V BazinasPublisher: Bloomsbury Publishing
ISBN: 1509901159
Category : Business & Economics
Languages : en
Pages : 392
Book Description
The law of secured transactions has seen dramatic changes in the last decade. International organisations, particularly the United Nations Commission on International Trade Law (UNCITRAL), have been working towards the creation of international legal standards aimed at the modernisation and harmonisation of secured financing laws (eg, the United Nations Convention on the Assignment of Receivables in International Trade, the UNCITRAL Legislative Guide on Secured Transactions and its Intellectual Property Supplement, the UNCITRAL Guide on the Implementation of a Security Rights Registry and the UNCITRAL Model Law on Secured Transactions). The overall theme of this book is international (or cross-border) secured transactions law. It assembles contributions from some of the most authoritative academic voices on secured financing law. This publication will be of interest to those involved in secured transactions around the world, including policy-makers, practitioners, judges, arbitrators and academics.
International Bank and Other Guarantees Handbook
Author: Yann AubinPublisher: Kluwer Law International B.V.
ISBN: 9041141294
Category : Law
Languages : en
Pages : 1024
Book Description
Familiarity with guarantees and how they function under various national jurisdictions are essential for principals, guarantors, and beneficiaries of international contracts. This enormously useful handbook provides a practical overview of the guarantee regimes in twenty-eight European countries, with country-by-country contributions from regional expert practitioners and academics. For easy comparison, each country report follows the same structure, from preliminary discussion on the provisions of a guarantee to its negotiation, drafting, and enforcement. Focusing on specific issues to consider at every stage, each chapter provides detailed information and guidance on such aspects as the following: . who can issue guarantees; . limitations as to the type of obligations which may be subject to a guarantee; . issues relating to the protection of the contracting parties; . formal requirements which need to be complied with; . stamp duties or other tax payable; . presence of implied terms; . legal framework applicable to joint and several obligations; . modification of the situation; . conditions for release and actions to be taken to ensure a valid release; . opening of bankruptcy proceedings against the principal; . court enforcement; and . incorporation of uniform rules. Each chapter includes references and model guarantee forms that readers can use to draft their own documents. Invaluable to corporate counsel and law firms with an international practice, this peerless handbook will prove the first order of business in trade negotiations across Europe, among European nations themselves as well as with their global partners.
Early Treatises on the Practice of the Justices of the Peace in the Fifteenth and Sixteenth Centuries
Author: Bertha Haven PutnamPublisher:
ISBN:
Category : Justices of the peace
Languages : en
Pages : 446
Book Description
Oxford Studies in Social and Legal History
Author: Paul VinogradoffPublisher:
ISBN:
Category : England
Languages : en
Pages : 442
Book Description
Oxford Studies in Social and Legal History
Author: Publisher:
ISBN:
Category :
Languages : en
Pages : 442
Book Description
Proceedings / Actes et Documents of the XIXth Session of The Hague Conference on Private International Law
Author: The Hague Conference on Private InternatPublisher: BRILL
ISBN: 9047408616
Category : Law
Languages : en
Pages : 747
Book Description
This volume of the Proceedings of the Nineteenth Session of the Hague Conference on Private International Law encompasses all preparatory work and records of meetings which led to the adoption of the Hague Convention on the Law Applicable to Certain Rights in Respect of Securities held with an Intermediary (the Hague Securities Convention). The signing of this Convention on 5 July 2006 by two of the world's major financial markets, the United States and Switzerland, shows the relevance of the new treaty. Traditional rules, based on physical transfers and direct holdings, are too diverse and inadequate to deal with securities which are nowadays transferred and pledged by electronic entries to accounts with clearing and settlement systems and other intermediaries. By identifying specific conflict rules, the Hague Securities Convention provides a means to remedy this lack of legal certainty which has characterized for too long the field of security transactions. The Proceedings will enable the financial world, but also legal practitioners and academics to grasp the background and full objectives of this very innovative international instrument.
