International Secured Transactions Law

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International and Comparative Secured Transactions Law

Author : Spyridon V Bazinas,Orkun Akseli
Publisher : Bloomsbury Publishing
Page : 368 pages
File Size : 44,6 Mb
Release : 2017-10-19
Category : Business & Economics
ISBN : 9781509901142

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International and Comparative Secured Transactions Law by Spyridon V Bazinas,Orkun Akseli Pdf

The law of secured transactions has seen dramatic changes in the last decade. International organisations, particularly the United Nations Commission on International Trade Law (UNCITRAL), have been working towards the creation of international legal standards aimed at the modernisation and harmonisation of secured financing laws (eg, the United Nations Convention on the Assignment of Receivables in International Trade, the UNCITRAL Legislative Guide on Secured Transactions and its Intellectual Property Supplement, the UNCITRAL Guide on the Implementation of a Security Rights Registry and the UNCITRAL Model Law on Secured Transactions). The overall theme of this book is international (or cross-border) secured transactions law. It assembles contributions from some of the most authoritative academic voices on secured financing law. This publication will be of interest to those involved in secured transactions around the world, including policy-makers, practitioners, judges, arbitrators and academics.

International Secured Transactions Law

Author : Orkun Akseli
Publisher : Routledge
Page : 338 pages
File Size : 46,9 Mb
Release : 2011-03-17
Category : Business & Economics
ISBN : 9781136830563

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International Secured Transactions Law by Orkun Akseli Pdf

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.

International Secured Transactions Law

Author : Orkun Akseli
Publisher : Routledge
Page : 380 pages
File Size : 40,7 Mb
Release : 2011-03-17
Category : Business & Economics
ISBN : 9781136830556

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International Secured Transactions Law by Orkun Akseli Pdf

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.

UNCITRAL Model Law on Secured Transactions

Author : United Nations Commission on International Trade Law
Publisher : United Nations
Page : 90 pages
File Size : 42,9 Mb
Release : 2017-02-16
Category : Political Science
ISBN : 9789210602334

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UNCITRAL Model Law on Secured Transactions by United Nations Commission on International Trade Law Pdf

The UNCITRAL Model Law on Secured Transactions (the "Model Law") deals with security interests in all types of tangible and intangible movable property, such as goods, receivables, bank accounts, negotiable instruments, negotiable documents, non-intermediated securities and intellectual property with few exceptions, such as intermediated securities. The Model Law follows a unitary approach using one concept for all types of security interest, a functional approach under which the Model Law applies to all types of transaction that fulfil security purposes, such as a secured loan, retention-of-title sale or financial lease, and a comprehensive approach under which the Model Law applies to all types of asset, secured obligation, borrower and lender.

International Secured Transactions

Author : Anonim
Publisher : Oxford University Press, USA
Page : 1092 pages
File Size : 43,9 Mb
Release : 2003
Category : Conflict of laws
ISBN : STANFORD:36105063590561

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International Secured Transactions by Anonim Pdf

The latest release contains the following information. - CYPRUS: Introduction; Objectives of Secured Transactions Regime; Basic Approaches to Security; Creation of Security Interest; Filing System; Publicity; Priority; Pre-Default Rights and Obligations; Consumer Protection; Default and Enforcement; Insolvency; Conflict of Laws and Territorial Application; Conclusion - DENMARK: Introduction; Objectives of Secured Transactions Regime; Basic Approaches to Security; Creation; Filing System; Insolvency; Conclusion - GERMANY: Introduction; Basic Approaches to Security; Creation of Security Rights; Publicity and Filing Systems; Enforcement; Insolvency; Conflict of Laws and Territorial Application; Recognition and Enforcement of Foreign Judgments and Arbitral Awards; Conclusion - POLAND: Introduction; Basic Approaches to Security; Creation; Filing System; Priority; Default and Enforcement; Insolvency - UKRAINE: Key Objectives of Secured Transactions Regime; Basic Approaches to Security; Creation of Security Interests; Priority; Pre-Default Rights and Obligations of the Parties; Default and Enforcement; Insolvency; Conflicts of Law and Territorial Application International Secured Transactions examines the UNCITRAL Draft Guide on Secured Transactions which is designed to promote increased access to low-cost credit by encouraging the introduction of effective and efficient domestic secured transactions laws around the world. This publication also offers an analysis of current secured transactions law in over 30 commercial jurisdictions. Many of the jurisdictions covered have laws that significantly track the UNCITRAL Draft Guide. Leading practitioners from major law firms in North and South America, Europe, and Asia provide insightful, practical commentary on their respective security interests' regimes, comparing them with the provisions of the UNCITRAL legislative guidelines and, ultimately, advising on the status of their implementation in their respective countries. About the Center for International Legal Studies The Center for International Legal Studies (CILS) is a non-profit research, training, and law publications institute, established and operating under Austrian law. Its international headquarters are in Salzburg, Austria, having operated from there since 1976. CILS cooperates internationally with numerous institutions of higher legal education, lawyers' professional associations and international organizations such as UNCITRAL, the ITU, and WIPO, and is participating - with a 16 member delegation in the United Nations' Information Technology Summits (WSIS) in Geneva and Tunis. The essential purpose of the Center for International Legal Studies is the promotion of the dissemination of information among members of the international legal community through legal research and publication projects, post-graduate and professional training programs, and annual legal education conferences. Countries covered include Argentina, Australia, Brazil, Canada, Colombia, Czech Republic, Denmark, Germany, Hungary, Ireland, Israel, Italy, Japan, Jersey, New Zealand, Philippines, Romania, Russian Federation, Slovak Republic, Spain, Sweden, Switzerland, Thailand, United States, and Venezuela. Additional countries to be added are Austria, Belgium, Chile, China, Finland, France, Greece, Luxembourg, Mexico, Peru, Portugal, Serbia, Singapore, South Africa, Taiwan, United Kingdom, and the Ukraine. The publication will include special reports on European Union aspects and UNIDROIT, an introductory chapter prepared by UNCITRAL, and appendices provided by UNCITRAL.

UNCITRAL Model Law on Secured Transactions (Chinese language)

Author : United Nations Commission on International Trade Law
Publisher : United Nations
Page : 92 pages
File Size : 42,8 Mb
Release : 2017-07-27
Category : Political Science
ISBN : 9789210602372

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UNCITRAL Model Law on Secured Transactions (Chinese language) by United Nations Commission on International Trade Law Pdf

The UNCITRAL Model Law on Secured Transactions (the "Model Law") deals with security interests in all types of tangible and intangible movable property, such as goods, receivables, bank accounts, negotiable instruments, negotiable documents, non-intermediated securities and intellectual property with few exceptions, such as intermediated securities. The Model Law follows a unitary approach using one concept for all types of security interest, a functional approach under which the Model Law applies to all types of transaction that fulfil security purposes, such as a secured loan, retention-of-title sale or financial lease, and a comprehensive approach under which the Model Law applies to all types of asset, secured obligation, borrower and lender. In this way, the Model Law is intended to address the main problem of secured transactions laws around the world, that is, the multiplicity of regimes that creates gaps and inconsistencies.The Model Law includes a set of Model Registry Provisions (the "Model Provisions") that can be implemented in a statute or other type of legal instrument, or in both. The Model Provisions deal with the registration of notices of security interests in a publicly accessible Registry to make a security interest effective against third parties and to provide an objective basis for determining the priority of a security interest over the rights of competing claimants. By providing a transparent, comprehensive and rational legislative framework of secured financing, the Model Law is expected to have a beneficial impact on the availability and the cost of credit, in particular to small and medium-size enterprises in developing countries. This will not only assist in their market inclusion and alleviating poverty, but also contribute to achieving Goal 1 of the 17 Sustainable Development Goals on ending poverty. The Model Law is based on the United Nations Convention on the Assignment of Receivables in International Trade, the UNCITRAL Legislative Guide on Secured Transactions, the Supplement on Security Interests in Intellectual Property and the UNCITRAL Guide on the Implementation of a Security Rights Registry. For the treatment of security interests in insolvency, the Model Law relies on the recommendations of the UNCITRAL Legislative Guide on Secured Transactions and the UNCITRAL Legislative Guide on Insolvency Law.

Research Handbook on International Commercial Contracts

Author : Andrew Hutchison,Franziska Myburgh
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 44,8 Mb
Release : 2020-12-25
Category : Law
ISBN : 9781788971065

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Research Handbook on International Commercial Contracts by Andrew Hutchison,Franziska Myburgh Pdf

This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria, highlighting constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency against the backdrop of key legal regimes commonly chosen in international agreements.

Secured Transactions Under the Uniform Commercial Code and International Commerce

Author : Louis F. Del Duca
Publisher : Unknown
Page : 0 pages
File Size : 54,8 Mb
Release : 2011
Category : Security
ISBN : 1422490815

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Secured Transactions Under the Uniform Commercial Code and International Commerce by Louis F. Del Duca Pdf

Secured Transactions Under the Uniform Commercial Code and International Commerce presents a clear and concise guide through the law of security interests included in Article 9 and Article 1. Students benefit from the user-friendly problems exploring each issue, illustrating in a concise way how the Code applies to transactions, both as to legal result and as a guide to drafting agreements and financial statements. A significant body of case law from around the country is included in this Second Edition. This new edition is even more user-friendly than the prior edition. Some highlights of the Second Edition are: Notes on "The Role of Codes, Statutes and Case Law" and "Simplifying Complicated Statutory Language" to introduce students to statutory interpretation and help them develop skills to better understand the sometimes complicated text of Article 9. Hypothetical Problems are used on a continuing basis to help students navigate through secured transactions from creation (Chapter 2), to enforcement (Chapter 3), to perfection and priority of the security interest (Chapter 4). With this model, students work with more interesting and more easily understood problems rather than a series of unrelated hypotheticals. Difficult problems created by errors in financing statements, in particular with reference to names of individual debtors, are addressed with new cases interpreting Revised Article 9. Early exposure to In Re QDS which forces them to work with difficult and complicated statutory language to distinguish the so-called "true lease" from the "dirty lease". New materials illustrating breach of the peace, notification, and commercially reasonable foreclosure requirements. Chapter 5 on bankruptcy has been updated to include more comprehensive analysis of the 2005 amendments to the Bankruptcy Code and expanded to include discussion of state and federal rules on fraudulent transfers. The introduction to cross-border secured transactions (Chapter 6), a topic of more and more relevance-and one typically not covered in other casebooks. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.

Secured Transactions Law in Asia

Author : Louise Gullifer,Dora Neo
Publisher : Bloomsbury Publishing
Page : 553 pages
File Size : 40,6 Mb
Release : 2021-05-20
Category : Law
ISBN : 9781509926497

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Secured Transactions Law in Asia by Louise Gullifer,Dora Neo Pdf

This collection of essays offers a unique insight and overview of the secured transactions law in many of the most important countries in Asia, as well as reflections on the need for, benefits of and challenges for reform in this area of the law. The book provides a mixture of general reflections on the history, successes and challenges of secured transaction law reform, and critical discussion of the law in a number of Asian countries. In some of the countries, the law has already been reformed, or reform is under way, and here the reforms are considered critically, with recommendations for future work. In other countries, the law is not yet reformed, and the existing law is analysed so as to determine what reform is desirable, and whether it is likely to take place. First, this book will enable those engaging with the law in Asia to understand better the contours of the law in both civil and common law jurisdictions. Second, it provides analytical insights into why secured transactions law reform happens or does not happen, the different methods by which reform takes place, the benefits of reform and the difficulties that need to be overcome for successful reform. Third, it discusses the need for reform where none has yet taken place and critically assesses the reforms which have already been enacted or are being considered. In addition to providing a forum for discussion in relation to the countries in question, this book is also a timely contribution to the wider debate on secured transactions law reform which is taking place around the world.

UNCITRAL Legislative Guide on Secured Transactions

Author : United Nations Commission on International Trade Law
Publisher : Unknown
Page : 0 pages
File Size : 49,9 Mb
Release : 2011
Category : Intellectual property
ISBN : 9211337089

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UNCITRAL Legislative Guide on Secured Transactions by United Nations Commission on International Trade Law Pdf

The overall objective of the UNCITRAL Legislative Guide on Secured Transactions (the Guide) is to promote low-cost credit by enhancing the availability of secured credit. In line with this objective, the Supplement on Security Rights in Intellectual Property (the Supplement) is intended to make credit more available and at a lower cost to intellectual property owners and other intellectual property rights holders, thus enhancing the value of intellectual property rights as security for credit. The Supplement, however, seeks to achieve that objective without interfering with fundamental policies of law relating to intellectual property.

Secured Transactions

Author : James J. White
Publisher : West Academic Publishing
Page : 504 pages
File Size : 52,7 Mb
Release : 2006
Category : Security (Law)
ISBN : MINN:31951D02620057S

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Secured Transactions by James J. White Pdf

The book deals with some of the most complex and interesting modern transactions such as "repos" and "securitization." To offset the complexities of the subject matter, however, Professor White has made this text extremely user-friendly. Every chapter has extensive expository introductory material to help the student get oriented. This manageably-sized book is organized by transaction (e.g., loans on equipment, loans on inventory, etc.), rather than code section (e.g., attachment, perfection, etc.), so that students can see how various transactions develop, rather than learning about sections of the code out of context.

UNCITRAL Guide on the Implementation of a Security Rights Registry

Author : United Nations Commission on International Trade Law
Publisher : Unknown
Page : 0 pages
File Size : 42,5 Mb
Release : 2014
Category : Law
ISBN : 9211338239

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UNCITRAL Guide on the Implementation of a Security Rights Registry by United Nations Commission on International Trade Law Pdf

This publication (the "Registry Guide") provides guidance to States with respect to the establishment and operation of a general security rights registry of the kind recommended in the UNCITRAL Legislative Guide on Secured Transactions (the "Secured Transactions Guide"). The Guide is a stand-alone text discussing the key issues that should be addressed in secured transactions law in line with the Secured Transactions Guide and in some detail all practical issues related to the establishment and operation of a general security rights registry. It also contains recommendations that suggest how all registry-related issues should be addressed in administrative registry regulations and examples of registry forms, intended to provide guidance to the registry system designers, the registry staff and the registry users.

Secured Credit and the Harmonisation of Law

Author : Gerard McCormack
Publisher : Edward Elgar Publishing
Page : 221 pages
File Size : 55,9 Mb
Release : 2011-01-01
Category : Law
ISBN : 9780857933454

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Secured Credit and the Harmonisation of Law by Gerard McCormack Pdf

This book will be of great interest to practitioners, policymakers and academics, as well as students, particularly postgraduate students, of law and business throughout the world.

Availability of Credit and Secured Transactions in a Time of Crisis

Author : N. Orkun Akseli
Publisher : Cambridge University Press
Page : 327 pages
File Size : 53,6 Mb
Release : 2013-12-12
Category : Business & Economics
ISBN : 9781107027442

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Availability of Credit and Secured Transactions in a Time of Crisis by N. Orkun Akseli Pdf

Assesses the standards set by international financial and legislative bodies on secured credit law.