The Floating Charge
The introduction of the floating charge in 1961 was one of the most important developments in Scots commercial law in the twentieth century. Since then, however, there have been significant difficulties integrating the floating charge into the legal system. This is partly because of the absence of systematic analysis regarding the security's interaction with other areas of law.
This is the first book on the Scottish floating charge. It focuses on the charge's "attachment" to property. By doing so, it illuminates various aspects of the charge's nature and operation. Arguing that the existing ways of viewing the floating charge are often unclear or flawed, the book offers a fresh analysis which provides a better fit with the ordinary principles of property and insolvency law. The book is divided into two parts: a general part and a special part. The chapters in the general part focus on aspects of the floating charge that are not wholly dependent upon the type of property charged: the nature of the floating charge prior to attachment; the events that cause the attachment to take place; the property attached by the charge; the general effect of attachment; and certain aspects of the enforcement of floating charges. The special part examines the interaction of floating charges with the regimes for particular types of property upon attachment taking place. There are chapters on (corporeal) heritable property, corporeal moveables, and on incorporeal property.
Given the scholarly interest in the floating charge as well as its key importance in legal and commercial practice, this book will be of interest to both academic lawyers and legal practitioners.
|Publisher:||Edinburgh Legal Education Trust|