Author: Louise Gullifer
Publisher: Bloomsbury Publishing
ISBN: 1509903127
Category : Law
Languages : en
Pages : 616
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.
Secured Transactions Law Reform
Author: Louise Gullifer
Publisher: Bloomsbury Publishing
ISBN: 1509903127
Category : Law
Languages : en
Pages : 616
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.
Publisher: Bloomsbury Publishing
ISBN: 1509903127
Category : Law
Languages : en
Pages : 616
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.
The Future of Commercial Law
Author: Orkun Akseli
Publisher: Bloomsbury Publishing
ISBN: 1509914714
Category : Law
Languages : en
Pages : 465
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.
Publisher: Bloomsbury Publishing
ISBN: 1509914714
Category : Law
Languages : en
Pages : 465
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.
Availability of Credit and Secured Transactions in a Time of Crisis
Author: N. Orkun Akseli
Publisher: Cambridge University Press
ISBN: 1107027446
Category : Business & Economics
Languages : en
Pages : 327
Book Description
Assesses the standards set by international financial and legislative bodies on secured credit law.
Publisher: Cambridge University Press
ISBN: 1107027446
Category : Business & Economics
Languages : en
Pages : 327
Book Description
Assesses the standards set by international financial and legislative bodies on secured credit law.
Modern Studies in Property Law, Volume 11
Author: Sue Farran
Publisher: Bloomsbury Publishing
ISBN: 1509939288
Category : Law
Languages : en
Pages : 365
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.
Publisher: Bloomsbury Publishing
ISBN: 1509939288
Category : Law
Languages : en
Pages : 365
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.
Property, Trusts and Succession
Author: George Gretton
Publisher: Bloomsbury Publishing
ISBN: 1526518767
Category : Law
Languages : en
Pages : 649
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.
Publisher: Bloomsbury Publishing
ISBN: 1526518767
Category : Law
Languages : en
Pages : 649
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.
On Paper
Author: Nicholas A. Basbanes
Publisher: Vintage
ISBN: 0307279642
Category : History
Languages : en
Pages : 450
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.
Publisher: Vintage
ISBN: 0307279642
Category : History
Languages : en
Pages : 450
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.
Modern Studies in Property Law - Volume 8
Author: Warren Barr
Publisher: Bloomsbury Publishing
ISBN: 1509901833
Category : Law
Languages : en
Pages : 394
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.
Publisher: Bloomsbury Publishing
ISBN: 1509901833
Category : Law
Languages : en
Pages : 394
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.
Doing Business 2018
Author: World Bank
Publisher: World Bank Publications
ISBN: 1464811474
Category : Business & Economics
Languages : en
Pages : 1217
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.
Publisher: World Bank Publications
ISBN: 1464811474
Category : Business & Economics
Languages : en
Pages : 1217
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.
Yeowart and Parsons on the Law of Financial Collateral
Author: Geoffrey Yeowart
Publisher: Edward Elgar Publishing
ISBN: 1782546324
Category : Business & Economics
Languages : en
Pages : 903
Book Description
As the volume of transactions in European financial markets continues to grow, the use of financial collateral, be it in the form of cash, shares, bonds or credit claims, has become a critical tool in supporting and managing risk in financial transactions. This book is the first of its kind to offer a systematic examination of the whole law relating to financial collateral. It does so in two parts. First, it explains the law created by the Financial Collateral Arrangements (No 2) Regulations 2003, the Directive it implemented and related legislation. Second, it examines how financial collateral is used in practice in a range of different markets. It will be an essential reference point for all legal practitioners operating in financial markets. Key features: • Analytical rigour combined with insight into how financial collateral works in practice, covering both English and Scots law • Valuable discussion of control and possession tests, right of use, remedy of appropriation, close-out netting and impact of ‘bail-in’ • Explains use of financial collateral in the derivatives market, clearing houses, direct and indirect securities holding systems and use of repos, securities lending and prime brokerage • Highlights key issues on regulatory treatment and conflicts of laws • Discusses direction of future law reform • Written by leading experts in the field.
Publisher: Edward Elgar Publishing
ISBN: 1782546324
Category : Business & Economics
Languages : en
Pages : 903
Book Description
As the volume of transactions in European financial markets continues to grow, the use of financial collateral, be it in the form of cash, shares, bonds or credit claims, has become a critical tool in supporting and managing risk in financial transactions. This book is the first of its kind to offer a systematic examination of the whole law relating to financial collateral. It does so in two parts. First, it explains the law created by the Financial Collateral Arrangements (No 2) Regulations 2003, the Directive it implemented and related legislation. Second, it examines how financial collateral is used in practice in a range of different markets. It will be an essential reference point for all legal practitioners operating in financial markets. Key features: • Analytical rigour combined with insight into how financial collateral works in practice, covering both English and Scots law • Valuable discussion of control and possession tests, right of use, remedy of appropriation, close-out netting and impact of ‘bail-in’ • Explains use of financial collateral in the derivatives market, clearing houses, direct and indirect securities holding systems and use of repos, securities lending and prime brokerage • Highlights key issues on regulatory treatment and conflicts of laws • Discusses direction of future law reform • Written by leading experts in the field.
The Work of the British Law Commissions
Author: Shona Wilson Stark
Publisher: Bloomsbury Publishing
ISBN: 1509906924
Category : Law
Languages : en
Pages : 341
Book Description
The Law Commission (of England and Wales) and the Scottish Law Commission were both established in 1965 to promote the reform of the laws of their respective jurisdictions. Since then, they have each produced hundreds of reports across many areas of law. They are independent of government yet rely on governmental funding and governmental approval of their proposed projects. They also rely on both government and Parliament (and, occasionally, the courts or other bodies) to implement their proposals. This book examines the tension between independence and implementation and recommends how a balance can best be struck. It proposes how the Commissions should choose their projects given that their duties outweigh their resources, and how we should assess the success, or otherwise, of their output. Countries around the world have created law reform bodies in the Commissions' image. They may wish to reflect on the GB Commissions' responses to the changes and challenges they have faced to reappraise their own law reform machinery. Equally, the GB Commissions may seek inspiration from other commissions' experiences. The world the GB Commissions inhabit now is very different from when they were established. They have evolved to remain relevant in the face of devolution, the UK's changing relationship with the European Union, increasing pressure for accountability and decreasing funding. Further changes to secure the future of independent law reform are advanced in this book.
Publisher: Bloomsbury Publishing
ISBN: 1509906924
Category : Law
Languages : en
Pages : 341
Book Description
The Law Commission (of England and Wales) and the Scottish Law Commission were both established in 1965 to promote the reform of the laws of their respective jurisdictions. Since then, they have each produced hundreds of reports across many areas of law. They are independent of government yet rely on governmental funding and governmental approval of their proposed projects. They also rely on both government and Parliament (and, occasionally, the courts or other bodies) to implement their proposals. This book examines the tension between independence and implementation and recommends how a balance can best be struck. It proposes how the Commissions should choose their projects given that their duties outweigh their resources, and how we should assess the success, or otherwise, of their output. Countries around the world have created law reform bodies in the Commissions' image. They may wish to reflect on the GB Commissions' responses to the changes and challenges they have faced to reappraise their own law reform machinery. Equally, the GB Commissions may seek inspiration from other commissions' experiences. The world the GB Commissions inhabit now is very different from when they were established. They have evolved to remain relevant in the face of devolution, the UK's changing relationship with the European Union, increasing pressure for accountability and decreasing funding. Further changes to secure the future of independent law reform are advanced in this book.