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Secured Credit drives economic activity. Under English Law it is possible to create security over almost any asset, but the law is widely considered to be unsatisfactory for several reasons, including a cumbersome registration system, a preoccupation with formalistic distinctions and the lack of clear and rationally-determined priority rules. Gerard McCormack examines the current state of English law highlighting its weaknesses. He uses Article 9 of the American Uniform Commercial Code as a reference point: this Article has successfully serviced the world's largest economy for over 40 years and is increasingly used as the basis for legislation by Commonwealth jurisdictions including Canada and New Zealand. The Law Commission has suggested the enactment of similar legislation in England. In addition, McCormack considers if there really is a case for the priority of secured credit, as well as if there are other international models to draw upon. Contains the text of Article 9.
Security (Law) --- Collateral security --- Secured transactions --- Commercial law --- Debtor and creditor --- Law --- General and Others
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Leading experts deliver wide-ranging coverage of the history, theory, practice and potential reform of Scotland's floating charge. They examine floating charges from diverse approaches including 'black letter', socio-legal, law and economics, and comparative perspectives.
Floating charges --- Security (Law) --- LAW / Banking. --- Collateral security --- Secured transactions --- Commercial law --- Debtor and creditor
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Law, Ancient --- Security (Law) --- -Collateral security --- Secured transactions --- Commercial law --- Debtor and creditor --- Ancient law --- History --- -Law, Ancient. --- -History --- -Law, Ancient --- Law, Ancient. --- -Ancient law --- Collateral security
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Credit insurance --- Insolvenzrecht. --- Kreditsicherung. --- Mobiliarsicherheit. --- Law and legislation --- Draft Common Frame of Reference. --- Deutschland. --- USA. --- Security (Law) --- Collateral security --- Secured transactions --- Commercial law --- Debtor and creditor
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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
Security (Law) --- Law reform. --- Credit. --- Legal reform --- Collateral security --- Secured transactions --- Commercial law --- Debtor and creditor --- Borrowing --- Finance --- Money --- Loans --- Security (Law).
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Securities. --- Security (Law) --- Security (Law). --- Securities --- Collateral security --- Secured transactions --- Commercial law --- Debtor and creditor --- Blue sky laws --- Capitalization (Finance) --- Investment securities --- Portfolio --- Scrip --- Securities law --- Underwriting --- Investments --- Investment banking --- Law and legislation
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"This book examines systematically the current systems of secured lending in China and Hong Kong, where companies or individuals offer personal property as security for credit advanced by a lender. Valid and enforceable security reduces the risk to the lender and so lowers the cost of credit to the borrower. However, the Hong Kong system, being largely derived from English law, is highly complex and in need of root-and-branch reform. The forces of inaction have triumphed and valuable opportunities to create a modern, rational and efficient system have been squandered. In China, on the other hand, a completely new system has been created in the last twenty years which, whilst it has various problems and defects, has some notable advantages over the common law equivalent found in Hong Kong"--
Security (Law) --- Collateral security --- Secured transactions --- Commercial law --- Debtor and creditor --- S08/0350 --- S10/0320 --- China: Law and legislation--General works and codices: since 1949 --- China: Economics, industry and commerce--Money and banking: since 1949 --- Law --- General and Others
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This volume contains the reports and discussions presented at the conference "The Future of Secured Credit in Europe" in Munich from July 12th to July 14th, 2007. It aims at taking the debate to a new stage by exploring the need and possible avenues for creating a European law of security interests. The first part examines - from an economic and a community law perspective - the case for European lawmaking on secured credit and the legislative approach to be taken. The intention in the second and third part is to look in more detail at the choices European lawmakers will have to make in devising a European law of secured credit. The second part focuses on secured transactions involving corporeal movables (tangibles), whereas the third part considers categories of collateral that may require special rules.
Security (Law) --- -Asset-backed financing --- -346.074094 --- Uh3.3 --- Asset-backed securities --- Asset-based financing --- Asset securitization --- Securitization, Asset --- Corporations --- Covered bonds --- Collateral security --- Secured transactions --- Commercial law --- Debtor and creditor --- Law and legislation --- -Finance --- -Security (Law) --- Loans --- Credit --- Borrowing --- Finance --- Money --- Lending --- Loans for consumption --- Investments --- Security for the credit (law). --- -Law and legislation
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Security (Assyro-Babylonian law) --- Security (Law) --- Security (Assyro-Babylonian law). --- Law, Assyro-Babylonian --- Collateral security --- Secured transactions --- Commercial law --- Debtor and creditor --- Nuzi (Extinct city) --- Gasur (Extinct city) --- Nuzi (Ancient city) --- Nuzi (Iraq) --- Nuzu (Extinct city) --- Yorghan Tepe (Iraq) --- Iraq --- Antiquities
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In the light of the financial crisis, it has become clear that the globalisation of financial markets has not been matched by the globalisation of legal certainty relating to financial transactions. The ability to give security influences not only the cost of credit but also, in some cases, whether credit will be available at all. Increasing the availability and lowering the cost of credit can make an important contribution to international and domestic economic development. Assessing the international challenges posed by inefficient secured credit laws, this book explores how these can be overcome to facilitate credit through legal reforms. Leading authorities in the field address the key issues surrounding the availability of credit, the role of banks in economic development and financial crises, UNCITRAL's legislative efforts, and international organisations and financial institutions and their involvement in the reform of secured transactions law.
Credit --- Financial crises. --- Security (Law). --- Law and legislation. --- Financial crises --- Security (Law) --- Crashes, Financial --- Crises, Financial --- Financial crashes --- Financial panics --- Panics (Finance) --- Stock exchange crashes --- Stock market panics --- Crises --- Banking law --- Debtor and creditor --- Collateral security --- Secured transactions --- Commercial law --- Law and legislation --- Law --- General and Others
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