Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

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

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

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).

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

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

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

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.

Law. --- Civil law. --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Public finance. --- Law of the sea. --- Macroeconomics. --- Law and economics. --- Private International Law, International & Foreign Law, Comparative Law. --- Law and Economics. --- Law of the Sea, Air and Outer Space. --- Macroeconomics/Monetary Economics//Financial Economics. --- Civil Law. --- Financial Law/Fiscal Law. --- Security (Law) --- Collateral security --- Secured transactions --- Commercial law --- Debtor and creditor --- Private International Law, International & Foreign Law, Comparative Law . --- Cameralistics --- Public finance --- Currency question --- Law, Civil --- Private law --- Roman law --- Economics --- Economics and jurisprudence --- Economics and law --- Jurisprudence and economics --- Jurisprudence --- Public finances --- Law of nations --- Nations, Law of --- Public international law --- Law --- High seas, Jurisdiction over --- Marine law --- Ocean --- Ocean law --- Sea, Law of the --- International law --- Maritime law --- Territorial waters --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Law and legislation --- Civil law