Download or read book The Future of Secured Credit in Europe written by Horst Eidenmüller and published by Walter de Gruyter. This book was released on 2012-07-12 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Secured Credit in Europe written by Teemu Juutilainen and published by Bloomsbury Publishing. This book was released on 2018-03-22 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2016–2018 KG Idman Prize. This monograph seeks the optimal way to promote compatibility between systems of proprietary security rights in Europe, focusing on security rights over tangible movables and receivables. Based on comparative research, it proposes how best to tackle cross-border problems impeding trade and finance, notably uncertainty of enforceability and unexpected loss of security rights. It offers an extensive analysis of the academic literature of more recent years that has appeared in English, German, the Scandinavian languages and Finnish. The author organises the concrete means of promoting compatibility into a centralised substantive approach, a centralised conflicts-approach, a local conflicts-approach and a local substantive approach. The centralised approaches develop EU law, and the local approaches Member State laws. The substantive approaches unify or harmonise substantive law, while the conflicts approaches rely on private international law. The author proposes determining the optimal way to promote compatibility by objective-based division of labour between the four approaches. The objectives developed for that purpose are derived from the economic functions of security rights, the conditions for legal evolution and a transnational conception of justice. This book is an important contribution to the future of secured transactions law in Europe and more widely. It will be of interest to academics, policymakers and legal practitioners involved in this field.
Download or read book Secured Credit in Europe written by Teemu Juutilainen and published by Bloomsbury Publishing. This book was released on 2018-03-22 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2016–2018 KG Idman Prize. This monograph seeks the optimal way to promote compatibility between systems of proprietary security rights in Europe, focusing on security rights over tangible movables and receivables. Based on comparative research, it proposes how best to tackle cross-border problems impeding trade and finance, notably uncertainty of enforceability and unexpected loss of security rights. It offers an extensive analysis of the academic literature of more recent years that has appeared in English, German, the Scandinavian languages and Finnish. The author organises the concrete means of promoting compatibility into a centralised substantive approach, a centralised conflicts-approach, a local conflicts-approach and a local substantive approach. The centralised approaches develop EU law, and the local approaches Member State laws. The substantive approaches unify or harmonise substantive law, while the conflicts approaches rely on private international law. The author proposes determining the optimal way to promote compatibility by objective-based division of labour between the four approaches. The objectives developed for that purpose are derived from the economic functions of security rights, the conditions for legal evolution and a transnational conception of justice. This book is an important contribution to the future of secured transactions law in Europe and more widely. It will be of interest to academics, policymakers and legal practitioners involved in this field.
Download or read book International Secured Transactions Law written by Orkun Akseli and published by Routledge. This book was released on 2011-03-17 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on international harmonisation and the law of secured transactions by distilling and analysing the unifying principles of various significant international conventions and instruments such as the UN Convention on the Assignment of Receivables, the Unidroit Convention on International Factoring, the EBRD Model Law on Secured Transactions, the Unidroit Convention on the International Interests in Mobile Equipment and the UNCITRAL Legislative Guide on Secured Transactions. International secured transactions conventions and instruments facilitate credit and promote economic activity through the creation of harmonised rules. Therefore, given the increasing globalisation of markets, international reform efforts for the harmonised modernisation of secured transactions law have gained pace over recent years. International Secured Transactions Law draws on experiences in both English and US laws in order to identify and illustrate the existing problems that need to be addressed, as well as identify potential solutions. International Secured Transactions Law will be of interest to scholars, students interested in international commercial law, corporate law or comparative secured transactions, and practitioners involved in international commercial transactions.
Download or read book Roman Law and Economics written by Giuseppe Dari-Mattiacci and published by Oxford University Press. This book was released on 2020-05-26 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ancient Rome is the only society in the history of the western world whose legal profession evolved autonomously, distinct and separate from institutions of political and religious power. Roman legal thought has left behind an enduring legacy and exerted enormous influence on the shaping of modern legal frameworks and systems, but its own genesis and context pose their own explanatory problems. The economic analysis of Roman law has enormous untapped potential in this regard: by exploring the intersecting perspectives of legal history, economic history, and the economic analysis of law, the two volumes of Roman Law and Economics are able to offer a uniquely interdisciplinary examination of the origins of Roman legal institutions, their functions, and their evolution over a period of more than 1000 years, in response to changes in the underlying economic activities that those institutions regulated. Volume II covers the concepts of exchange, ownership, and disputes, analysing the detailed workings of credit, property, and slavery, among others, while Volume I explores Roman legal institutions and organizations in detail, from the constitution of the Republic to the management of business in the Empire. Throughout each volume, contributions from specialists in legal and economic history, law, and legal theory are underpinned by rigorous analysis drawing on modern empirical and theoretical techniques and methodologies borrowed from economics. In demonstrating how these can be fruitfully applied to the study of ancient societies, with due deference to the historical context, Roman Law and Economics opens up a host of new avenues of research for scholars and students in each of these fields and in the social sciences more broadly, offering new ways in which different modes of enquiry can connect with and inform each other.
Download or read book Edinburgh Student Law Review Issue 3 Europeanisation written by and published by Edinburgh Student Law Revie. This book was released on with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Property Rights and Bijuralism written by Jan Jakob Bornheim and published by Mohr Siebeck. This book was released on 2020-10-12 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Using the Canadian experience as a model, Jan Jakob Bornheim shows that the efficient interaction of common law and civil law can take place on both vertical and horizontal planes."--
Download or read book Secured Credit in Europe written by Teemu Juutilainen and published by Bloomsbury Publishing. This book was released on 2018-03-22 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2016–2018 KG Idman Prize. This monograph seeks the optimal way to promote compatibility between systems of proprietary security rights in Europe, focusing on security rights over tangible movables and receivables. Based on comparative research, it proposes how best to tackle cross-border problems impeding trade and finance, notably uncertainty of enforceability and unexpected loss of security rights. It offers an extensive analysis of the academic literature of more recent years that has appeared in English, German, the Scandinavian languages and Finnish. The author organises the concrete means of promoting compatibility into a centralised substantive approach, a centralised conflicts-approach, a local conflicts-approach and a local substantive approach. The centralised approaches develop EU law, and the local approaches Member State laws. The substantive approaches unify or harmonise substantive law, while the conflicts approaches rely on private international law. The author proposes determining the optimal way to promote compatibility by objective-based division of labour between the four approaches. The objectives developed for that purpose are derived from the economic functions of security rights, the conditions for legal evolution and a transnational conception of justice. This book is an important contribution to the future of secured transactions law in Europe and more widely. It will be of interest to academics, policymakers and legal practitioners involved in this field.
Download or read book M langes en l honneur de David Pugsley written by Johannes Michaël Rainer and published by Primento. This book was released on 2013-08-26 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor David Pugsley is a man of many talents as well as a paradox. Although he may appear to some to be typically English, this is to overlook his cosmopolitan side. David Pugsley is a well known English Romanist and comparative lawyer who taught for many years at Exeter University, as well as in many other places in the world. In this book, specially dedicated to him, his friends and colleagues pay tribute through a series of papers on comparative law and the history of law. Le Professeur David Pugsley, homme aux multiples talents, incarne un paradoxe. Pur produit de l’intelligentia britannique, de prime abord, on le découvre farouchement cosmopolite. David Pugsley est bien connu comme un spécialiste anglais du droit romain; il est aussi un juriste renommé en droit comparé. Il a enseigné durant de nombreuses années à l’Université d’Exeter, ainsi qu’en de nombreux endroits dans le monde. Dans cet ouvrage, ses amis et collègues lui rendent hommage, au travers d’une série de contributions dans les domaines du droit comparé et de l’histoire du droit qui lui sont particulièrement chers. Professor David Pugsley is a man of many talents as well as a paradox. Although he may appear to some to be typically English, this is to overlook his cosmopolitan side. David Pugsley is a well known English Romanist and comparative lawyer who taught for many years at Exeter University, as well as in many other places in the world. In this book, specially dedicated to him, his friends and colleagues pay tribute through a series of papers on comparative law and the history of law. Le Professeur David Pugsley, homme aux multiples talents, incarne un paradoxe. Pur produit de l’intelligentia britannique, de prime abord, on le découvre farouchement cosmopolite. David Pugsley est bien connu comme un spécialiste anglais du droit romain; il est aussi un juriste renommé en droit comparé. Il a enseigné durant de nombreuses années à l’Université d’Exeter, ainsi qu’en de nombreux endroits dans le monde. Dans cet ouvrage, ses amis et collègues lui rendent hommage, au travers d’une série de contributions dans les domaines du droit comparé et de l’histoire du droit qui lui sont particulièrement chers.
Download or read book Equity Today written by Ben McFarlane and published by Bloomsbury Publishing. This book was released on 2023-06-29 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a clear, carefully-analysed picture of the operation of equity today, across the common law world. Rather than revisit the abstract debate as to whether or not equity has 'fused' with the common law, it focuses on specific equitable principles and doctrines. Expert contributors step back and take a wider view of those doctrines, examining how they can best be understood today, and how they might develop in the future. This will prove invaluable to practitioners and courts (at first instance as well as appellate level), allowing them to navigate the constantly-growing mass of case law. Drawing on expertise from across the worlds of academia, practice and the bench, this seminal collection provides the most illuminating picture available of how equity operates.
Download or read book Security and Credit in Roman Law written by Hendrik L. E. Verhagen and published by Oxford University Press. This book was released on 2022-09-05 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are no legal institutions other than pignus and hypotheca (i.e. mortgage) where the formative effect of legal practice can be so clearly observed. Security and Credit in Roman Law outlines the legal history of these institutions in terms of an iterative relationship between transactional lawyers drafting legal transactions and Roman jurisprudence deploying its analytical skills in order to accommodate new transactional practices into the Roman legal system. The evolution of the Roman law of real security, well known through the legal sources (Justinian's Digest and Code), is reconstructed, while matching it with actual banking practices, in particular the secured lending transactions documented in the archive of the Sulpicii. In the late classical period the imperial chancery increasingly interfered with it in order to provide a considerable degree of protection to debtors. The (largely but certainly not completely) spontaneous evolution of Roman law produced a law of secured transactions which was highly sophisticated and versatile, allowing non-possessory security, multiple charges, pledges of receivables, antichretic pledges, and even floating charges over a dynamic fund of assets. Since legal systems often adapt in reaction to impulses from their economic environment, the complexity of the Roman law of real security indicates that pignus and hypotheca did play a significant role in the Roman economy. It will be shown that this role was generally a positive one. Its main weaknesses were lack of publicity and the presence of fiscal charges: even these weaknesses did not undermine the effectiveness of secured transactions.
Download or read book Land and Credit written by Chris Briggs and published by Springer. This book was released on 2018-02-27 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume investigates the use of mortgages in the European countryside between the thirteenth and eighteenth centuries. A mortgage allowed a loan to be secured with land or other property, and the practice has been linked to the transformation of the agrarian economy that paved the way for modern economic growth. Historians have viewed the mortgage both positively and negatively: on the one hand, it provided borrowers with opportunities for investment in agriculture; but equally, it exposed them to the risk of losing their mortgaged property. The case studies presented in this volume reveal the variety of forms that the mortgage took, and show how an intricate balance was struck between the interests of the borrower looking for funds, and those of the lender looking for security. It is argued that the character of mortgage law, and the nature of rights in land in operation in any given the place and period, determined the degree to which mortgages were employed. Over time, developments in these factors allowed increasing numbers of peasants to use mortgages more freely, and with a decreasing risk of expropriation. This volume will be appealing to academics and researchers interested in financial history, rural credit and debt, and the economic history of agrarian communities.
Download or read book The Law Applicable to Security Interests in Intermediated Securities Under OHADA Law written by Justin Monsenepwo and published by Mohr Siebeck. This book was released on 2023-01-03 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Covenants and Third Party Creditors written by Daniela Matri and published by Springer. This book was released on 2017-10-17 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adds to the debate on the effects of covenants on third-party creditors (externalities), which have recently become a focus of discussion in the contexts of bankruptcy law, corporate law and corporate governance. The general thrust of the debate is that negative effects on third-party creditors predominate because banks act in their own self-interest. After systematising the debated potential positive and negative externalities of covenants, the book empirically examines these externalities: It investigates the banks’ factual conduct and its effects on third-party creditors in Germany and the US. The study’s most significant outcome is that it disproves the assumption that banks disregard third-party creditors’ interests. These findings are then interpreted with the tools of economic analysis; particularly, with the concept of common pool resources (CPRs). Around the aggregated value of the debtor company’s asset pool (as CPR) exists an n-person prisoner’s dilemma between banks and third-party creditors: No creditor knows when and under what conditions the other creditor will appropriate funds from the debtor company’s asset pool. This coordination problem is traditionally addressed by means of bankruptcy law and collaterals. However, the incentive structure that surrounds the bilateral private governance system created by covenants and an event of default clause (a CPR private governance system) is found to also be capable of tackling this problem. Moreover, the interaction between the different regulation spheres – bankruptcy law, collateral and the CPR private governance system − has important implications for both the aforementioned discussions as well as the legal treatment of covenants and event of default clauses. Covenants alone cannot be seen as an alternative to institutional regulation; the complete CPR private governance system and its interaction with institutional regulation must also be taken into consideration. In addition, their function must first find more acceptance and respect in the legal treatment of covenants and event of default clauses: The CPR private governance system fills a gap in the regulation of the tragedy of the commons by bankruptcy law and collateral. This has particularly important implications for the German § 138 BGB, § 826 BGB and ad hoc duties to disclose insider information.
Download or read book Research Handbook on Cross border Enforcement of Intellectual Property written by Paul Torremans and published by Edward Elgar Publishing. This book was released on 2014-12-31 with total page 901 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on Cross-border Enforcement of Intellectual Property systematically analyses the unique difficulties posed by cross-border intellectual property disputes in the modern world. The contributions to this book focus on the enf
Download or read book The Future of European Property Law written by Sjef Erp van and published by Walter de Gruyter. This book was released on 2012-05-29 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: European integration has a growing impact on the property law systems of the EU Member States. The tensions which can be seen are considerably greater than in other areas of private law, given the technically complex and mandatory nature of property law. In this book current developments in European property law (particularly the Draft Common Frame of Reference) are analysed and evaluated, focussing on secured transactions and mortgage law. With contributions by academic and practicing lawyers, containing: Transfer of ownership and good faith acquisition: the rules in the Member States and in Book VIII of the DCFR Secured transactions and the DCFR Registration of intellectual property rights Trusts - from a Common and a Civil lawyer’s perspective The border area between property law and contract law: securities
Download or read book Cases Materials and Text on Property Law written by Sjef van Erp and published by Bloomsbury Publishing. This book was released on 2012-07-23 with total page 1252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook presents a deep comparative analysis of property law systems in Europe (ie the law of immovables, movables and claims), offering signposts and stepping stones for the reader wishing to explore this fascinating area. The subject matter is explained with careful attention given to its history, foundations, thought-patterns, underlying principles and basic concepts. The casebook focuses on uncovering differences and similarities between Europe's major legal systems: French, German, Dutch and English law are examined, while Austrian and Belgian law are also touched upon. The book combines excerpts from primary source materials (case law and legislation) and from doctrine and soft law. In doing so it presents a faithful picture of the systems concerned. Separate chapters deal with the various types of property rights, their creation, transfer and destruction, with security rights (such as mortgages, pledges, retention of title) as well as with harmonising and unifying efforts at the EU and global level. Through the functional approach taken by the Ius Commune Casebooks this volume clearly demonstrates that traditional comparative insights no longer hold. The law of property used to be regarded as a product of historical developments and political ideology, which were considered to be almost set in stone and assumed to render any substantial form of harmonisation or approximation very unlikely. Even experienced comparative lawyers considered the divide between common law and civil law to be so deep that no common ground - so it was thought - could be found. However economic integration, in particular integration of financial markets and freedom of establishment, has led to the integration of particular areas of property law such as mortgage law and enforceable security instruments (eg retention of title). This pressure towards integration has led comparative lawyers to refocus their interest from contract, tort and unjustified enrichment to property law and delve beneath its surface. This book reveals that today property law systems are closer to one another than previously assumed, that common ground can be found and that differences can be analysed in a new light to enable comparison and further the development of property law in Europe.
