The law of secured transactions has seen dramatic changes in the last decade. International organisations have been working on multiple projects, such as the creation of international texts aimed at the modernisation of secured financing laws and the implementation of international standards in countries which need access to finance. Countries' responses to these changes have ranged from the adoption of a comprehensive scheme to the implementation of only limited legal changes.
This important new work untangles the changes and responses to them. Written by a team of contributors of international renown, it offers perspectives from both the civil and common law traditions. Contributions will examine: national secured financing law and UNCITRAL secured financing texts compared; inventory and receivables financing; financing against security in bank accounts; intellectual property financing; financing against the security of non-intermediated securities; law applicable to security interests in movable property; and the enforcement of security interests in insolvency.
By tracking the debate on secured transactions law from an international and comparative perspective, the collection will appeal to a broad base of academics, practitioners and policy makers.
1. Secured Credit Legislation: Functionalism or Transactional Co-Existence Michael Bridge
2. ‘Functional Formalism’ in the Treatment of Leases under Secured Transactions Law: Comparative Lessons from the Canadian Experience Catherine Walsh
3. Reflections on Misgivings about a Model Law Neil B Cohen
4. The UNCITRAL Model Law on Secured Transactions Spyridon V Bazinas
5. Non-assignment Clauses and their Treatment under UNCITRAL’s Secured Transactions Law Instruments N Orkun Akseli
6. Dealing with Concepts of Property in the UNCITRAL Legislative Guide on Secured Transactions and UNCITRAL Model Law on Secured Transactions (2016) Steven O Weise
7. Current Issues in Cross-Border Asset-Based Lending: Lessons from the Field on the Need for Secured Transactions Reform Richard M Kohn
8. The Rights and Obligations of the Parties to the Security Agreement According to the UNCITRAL Model Law on Secured Transactions Bénédict Foëx
9. Sûretés Mobilières et Stocks : ou l’Art et la Manière de Résoudre la Quadrature du Cercle Jean-Francois Riffard
10. Some Thoughts (and Facts) about the Process of Secured Transactions Law Reform, with Special Emphasis on Registration, the Key to Achievement of Reform’s Goals Marek Dubovec and Harry C Sigman
11. Conflict-of-Laws Rules on Security Rights in Non-Intermediaries Securities Michel Deschamps
12. Comparative Approaches to the Enforcement of Secured Credit in Insolvency José M Garrido and Edwin E Smith
13. Comparative Study on Indian Secured Transactions Law and the UNCITRAL Legislative Guide on Secured Transactions Madhukar R Umarji
14. Security Interests over Intellectual Property Rights in Italy: Critical Analysis and Reform Proposals Andrea Tosato
15. Reverse Engineering the Law: Reforming Secured Transactions Law in Italy Giuliano G Castellano