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Author: Hugh Beale
Publisher: OUP Oxford
ISBN: 0191631019
Category : Law
Languages : en
Pages : 1456
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Book Description
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 new edition 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. It also addresses the changes brought about by the abolition of Slavenburg registration. 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. Previously published as The Law of Personal Property Security, this new edition brings together all of the law on this complex area, providing guidance in the context of commercial practice, especially with increased coverage of conflict of laws, priority, insolvency, and enforcement.
Author: Hugh Beale
Publisher: OUP Oxford
ISBN: 0191631019
Category : Law
Languages : en
Pages : 1456
Get Book Here
Book Description
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 new edition 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. It also addresses the changes brought about by the abolition of Slavenburg registration. 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. Previously published as The Law of Personal Property Security, this new edition brings together all of the law on this complex area, providing guidance in the context of commercial practice, especially with increased coverage of conflict of laws, priority, insolvency, and enforcement.
Author: Louise Gullifer
Publisher: Oxford University Press
ISBN: 0198888910
Category : Law
Languages : en
Pages : 1137
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Book Description
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 book examines traditional methods of securing debts (such as mortgages, charges and pledges as well as so-called 'quasi-security') 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. This fourth edition has been updated to incorporate recent political and legal developments, including Brexit. The 'Edinburgh Reforms', which have followed the United Kingdom's exit from the European Union, promise a thorough overhaul of the consumer credit regime. The Retained EU Law (Revocation and Reform) Act 2023 potentially affects the interpretation of EU assimilated law, including the Financial Collateral Arrangements (No2) Regulations (FCARs). This edition further assesses the implications of the Business Contract Terms (Assignment of Receivables) Regulations 2018, taking pledges over electronic documents of title in the light of the Electronic Trade Documents Act 2023, the outlawing of 'ipso facto' clauses by the Corporate Insolvency and Governance Act 2020, and the reduced scope of the EU Insolvency Regulation. The treatment of insolvency matters within the framework of the Cape Town Convention is also considered, as are recent cases on pledges of bills of lading when the carrier no longer has possession of the goods, the distinction between fixed and floating charges, equitable liens and the right of appropriation of financial collateral. There is a full discussion of the taking of security over digital assets and the relevance of the FCARs. The only full-length treatment covering both traditional security over personal property and also devices that fulfil a similar economic function, such as retention of title and sales of receivables, The Law of Security and Title-Based Financing is a frequently-cited and indispensable reference work both for practitioners and academics.
Author: Hugh Beale
Publisher: Oxford University Press, USA
ISBN: 9780198795568
Category : Personal property
Languages : en
Pages : 924
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Book Description
This leading work brings together all of the law on the complex subject of securing and enforcing debts on property other than land. It provides guidance in the context of commercial practice and advises on related areas such as conflict of laws, priority, insolvency, and enforcement.
Author: Louise Gullifer
Publisher:
ISBN: 9780198888895
Category : Law
Languages : en
Pages : 0
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Book Description
An indispensable reference for practitioners and academics, The Law of Security and Title-Based Financing offers the only full-length treatment of traditional security over personal property alongside devices like retention of title and sales of receivables that fulfil a similar economic function.
Author: Louise Gullifer
Publisher: Bloomsbury Publishing
ISBN: 1782259597
Category : Law
Languages : en
Pages : 852
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Book Description
The second edition of this acclaimed book continues to provide a discussion of key theoretical and policy issues in corporate finance law. Fully updated, it reflects developments in the law and the markets in the continuing aftermath of the Global Financial Crisis. One of its distinctive features is that it gives equal coverage to both the equity and debt sides of corporate finance law, and seeks, where possible, to compare the two. This book covers a broad range of topics regarding the debt and equity-raising choices of companies of all sizes, from SMEs to the largest publicly traded enterprises, and the mechanisms by which those providing capital are protected. Each chapter analyses the present law critically so as to enable the reader to understand the difficulties, risks and tensions in this area of law, and the attempts made by the legislature and the courts, as well as the parties involved, to deal with them. This book will be of interest to practitioners, academics and students engaged in the practice and study of corporate finance law.
Author: Geoffrey Yeowart
Publisher: Edward Elgar Publishing
ISBN: 1782546324
Category : Business & Economics
Languages : en
Pages : 903
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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.
Author: Gregory Esangbedo
Publisher: Cambridge Scholars Publishing
ISBN: 152755287X
Category : Law
Languages : en
Pages : 190
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Book Description
This book examines an enactment that reforms Nigeria’s personal property security law by adopting the unitary system of secured transactions in replacement of the common law system. With the unitary system widely acclaimed for enhancing access to credit for small business entities, the book highlights the drawbacks of the enactment in the attainment of this objective. Being the foremost Nigerian book on the unitary system, it is a significant text for all stakeholders in the credit system within and outside Nigeria, including law academics, practitioners, students and financial regulators. It will interest those in countries that are intent on undergoing similar reform as it provides guidance on the unique features of the unitary system in contrast with those of the common law. In the spirit of reform, the book compares the Nigerian enactment to other similar enactments to highlight potential lessons in areas in which the Nigerian enactment appears to have lost traction.This book examines an enactment that reforms Nigeria’s personal property security law by adopting the unitary system of secured transactions in replacement of the common law system. With the unitary system widely acclaimed for enhancing access to credit for small business entities, the book highlights the drawbacks of the enactment in the attainment of this objective. Being the foremost Nigerian book on the unitary system, it is a significant text for all stakeholders in the credit system within and outside Nigeria, including law academics, practitioners, students and financial regulators. It will interest those in countries that are intent on undergoing similar reform as it provides guidance on the unique features of the unitary system in contrast with those of the common law. In the spirit of reform, the book compares the Nigerian enactment to other similar enactments to highlight potential lessons in areas in which the Nigerian enactment appears to have lost traction.
Author: Souichirou Kozuka
Publisher: Springer
ISBN: 3319464701
Category : Law
Languages : en
Pages : 379
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Book Description
This book offers the analysis of the relationship between the Cape Town Convention and national laws on secured transactions. The first part of the book considers why national implementation is so important in the case of the Cape Town Convention and identifies how innovative the Convention is as a uniform law instrument. The second part includes chapters on those states that are Parties to the Cape Town Convention, which analyse how the Convention is implemented under the domestic law. The third part includes chapters on those states that are not Parties to the Convention, which compare their national laws and the Convention to find unique features of the Cape Town Convention’s rules. The fourth part discusses the meaning of Protocols on aircraft, railway rolling stock and space assets from the practitioner’s point of view. As a whole, the book offers insights into the new stage of uniform private law and shows the need for further examination of the subject, which will be essential for international and national legislators, academics of comparative and international private law as well as practitioners who are the users of the uniform law regime.
Author: Sanam Saidova
Publisher: Bloomsbury Publishing
ISBN: 1782258191
Category : Law
Languages : en
Pages : 277
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Book Description
This book provides an extensive analytical examination of the Cape Town Convention and its Protocols. The Convention aims to facilitate asset-based financing and leasing of aircraft, railway and space objects by establishing a uniform legal regime for the creation and protection of security and related interests in these types of equipment. The book provides a detailed treatment of issues arising from the creation of security and other international interests under the Convention, from the need to ensure their priority among competing interests to the enforcement of remedies in the case of the debtor's default or insolvency. Security interests in aircraft, railway and space objects are among the most frequently invoked mechanisms used to ensure repayment of the debt. It is their significance, effectiveness and frequency of use that explains this work's focus and scope.
Author: Ben McFarlane
Publisher: Bloomsbury Publishing
ISBN: 1509921397
Category : Law
Languages : en
Pages : 461
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Book Description
This book contains a collection of papers presented at the Twelfth Biennial Modern Studies in Property Law Conference held at University College London in April 2018. The conference and its published proceedings are an established forum for property lawyers from around the world to showcase the latest research. This collection includes a keynote address by Dame Elizabeth Gloster, former Vice President of the Court of Appeal (Civil Division), on technology in property law. It also includes plenary addresses by Professor Henry Smith on the architecture of property law and the challenge of compiling the American Law Institute's Fourth Restatement of Property, and by Her Honour Judge Karen Walden-Smith on the role of the first instance judge in property cases. Sixteen further chapters address a wide range of issues, including the theory and taxonomy of land law, the re-evaluation of land obligations, the nature and operation of equitable property rights and shares, the role of property in commerce, comparative approaches to leases and trusts, and contemporary issues in land registration. Collectively, the chapters demonstrate the vibrancy, diversity and importance of property law and of current research in the subject.
