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Author : James J. White,Robert S. Summers Publisher : West Academic Publishing Page : 292 pages File Size : 50,6 Mb Release : 2007 Category : Law ISBN : IND:30000122155207
Principles of Secured Transactions by James J. White,Robert S. Summers Pdf
This book offers a comprehensive and accessible introduction to Article 9 of the Uniform Commercial Code. It covers secured transactions from A to Z with examples and answers that will enable students to test their knowledge and find the answers to the many conundrums in Article 9.
Secured Transactions Law Reform by Louise Gullifer,Orkun Akseli Pdf
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.
The trickiest part of studying the UCC is not understanding the Code sections, but applying them correctly. Now there is a way to illuminate the concepts and principles underlying Article 9 - James Brook's SECURED TRANSACTIONS: Examples & Explanations. This thorough paperback meets the student's need for practice in applying the Code. Through a series of carefully crafted examples that build in complexity, Brook prepares students For The challenge of the world outside the classroom. In the proven style of the entire Examples & Explanations Series, The text first presents important explanations, then poses examples with questions, followed by thoughtful answers. The text is divided into four parts: -The Article 9 Security Interest and its Attachment -Perferction of the Internet -Priorities -Default and Enforcement Structured to complement a secured transactions or commercial law survey course, SECURED TRANSACTIONS: Examples & Explanations is notable for its: -exceptionally clear writting that is expecially effective in areas where the law is ambiguous -flexible organization that can be easily adapted to your teaching method -completely up-to-date material -diagrams and visual aids that guide students through the Code -clear and relevant examples Review this refreshing study guide and you'll want to recommend it to your students. Table of Contents Preface Acknowledgements Special Note PART ONE: THE ARTICLE 9 SECURITY INTEREST AND ITS ATTACHMENT Chapter 1 the Scope of Article 9 Chapter 2 Leases of Goods and Article 9 Chapter 3 Attachment: The Security Agreement Chapter 4 Attachment: Further Criteria PART TWO: PERFECTION OF THE INTEREST Chapter 5 Introduction to Perfection and Classification of Collateral Chapter 6 Perfection by Filing: When and What to File Chapter 7 Perfection by Filing: Where to File Chapter 8 Perfection by Possession Chapter 9 Automatic Perfection: The Purchase Money Security Interest in Consumer Goods Chapter 10 Automatic Perfection: Other Instances Chapter 11 Perfection on Investment Property Chapter 12 Changes in the Situation: When, Where, and What to Refile Chapter 13 Multistate Transactions PART THREE: PRIORITIES Chapter 14 Introduction to Priority And The Basic Priority Rules Chapter 15 Priority And The PMSI Chapter 16 Fixtures Chapter 17 Sales and Other Transfers of Collateral Chapter 18 Proceeds Chapter 19 Chattel Paper and Account Financing Chapter 20 Priorities in Investment Property PART FOUR: DEFAULT AND ENFORCEMENT Chapter 21 the Event of Default And The Process of Repossession Chapter 22 the Foreclosure Sale Chapter 23 Strict Foreclosure And The Right of Redemption Table of UCC Sections Index
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.
Secured Transactions Law in Asia by Louise Gullifer,Dora Swee Suan 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
United Nations Commission on International Trade Law
Author : United Nations Commission on International Trade Law Publisher : United Nations Page : 90 pages File Size : 54,5 Mb Release : 2017-02-16 Category : Political Science ISBN : 9789210602334
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.
Commercial Transactions by Alan Schwartz,Robert E. Scott Pdf
Covers the law and principles governing commercial transactions and includes expert commentary on commercial law practices. Encompasses principles of commercial law, contracts, risk of loss, warranty, disclaimers and remedy limitations, damages and related remedies, excuse for nonperformance, conflicting rights to goods, credit transaction, financing and collateral, secured transactions, security interests in bankruptcy, default and foreclosure, negotiation and liability, forgery and alteration, holder in due course and bank collections. Includes analysis and discussion of terms and techniques involved in commercial law practice.
Secured Lending in Intellectual Property by Kiriakoula Hatzikiriakos Pdf
"Secured financing in intellectual property is a rapidly evolving area of the law as intellectual property becomes the core asset in many industries. Secured Lending in Intellectual Property, 2nd Edition serves as a guide to best practices in this financing segment by examining the commercial and legal context of intellectual property in commercial transactions as well as financing vehicles and procedures, and the associated commercial and legal risks. The scope of this new edition has been significantly expanded and revised to cover all types of intellectual property, including copyright, patents, trademarks, trade secrets and domain names...The scope of this second edition has been significantly expanded and revised to include the extensive number of decisions that have been released since 2006 as well as a more comprehensive review of the 2009 amendments to the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act that relate to intellectual property."-- Résumé de l'éditeur.
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 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.
Secured Transactions Law Reform Principles, Policies and Practice by Louise Gullifer,Nazim Orkun Akseli Pdf
Foreword / Rt Hon Lord Saville of Newdigate -- Introduction / Louise Gullifer -- An outline of a typical PPSA scheme / Hugh Beale -- Historical overview of UCC Article 9 / Peter Winship -- Transplanting Article 9 : the Canadian PPSA experience / Catherine Walsh -- Current issues in secured transactions law in Canada : an Ontario perspective / Anthony Duggan -- The New Zealand perspective / Mike Gedye -- Australian secured transactions law reform / David Brown -- Secured transactions law reform in Malawi : the 2013 Personal Property Security Act / Marek Dubovec and Cyprian Kambili -- Reforming the law of secured transactions in Jersey / Roy Goode and John Rainer -- Reforming the company charge register in Ireland / Noel McGrath -- Reforming the law of secured transactions in Scotland / Andrew J.M. Steven and Hamish Patrick -- The English law of personal property security : under-reformed? / Louise Gullifer and Magda Raczynska -- An uneasy case of multiple tracing claims in English law / Magda Raczynska -- Should clauses prohibiting assignment be overridden by statute? / Louise Gullifer -- The peculiar approach of German law in the field of secured transactions and why it has worked (so far) / Moritz Brinkmann -- Italian secured transactions law : the need for reform / Anna Veneziano -- An overview of the French law on secured transactions / Jean-Francois Riffard -- The Belgian reform on security interests in movable property / Eric Dirix -- Secured transactions law reform in Lithuania / Andrius Smaliukas -- Modernisation of the law of secured transactions in Spain / Teresa Rodríguez de las Heras Ballell and Jorge Feliu Rey -- The ERBD's experience in secured transactions reform : how can outsiders help? / Frederique Dahan -- The United Nations Convention on the assignment of receivables in international trade and small businesses / N. Orkun Akseli -- The UNCITRAL legislative guide on secured transactions and the draft UNCITRAL model law on secured transactions compared / Spyridon V. Bazinas -- Conclusions and recommendations / Louise Gullifer
A Short and Happy Guide to Secured Transactions by WAYNE R. BARNES Pdf
This new Short & Happy Guide to Secured Transactions has been created by Professor Barnes to make important concepts from Article 9 of the Uniform Commercial Code plain and understandable to students. The complex topics are explained in a plain-spoken, straightforward way, to make the concepts as simple and accessible as possible. The important provisions of the Code are excerpted and edited for readability, and all concepts are explained with simple, narrative text, and accompanied by easy-to-understand examples which help students understand the Secured Transactions concepts. Look, we're not going to sugar-coat this - Secured Transactions is difficult. This guide makes it much easier to understand, and get a great grade on your Secured Transactions exam.
~There's no need to fear Article 9~ Just because a subject is extensively codified (in this case, in Article 9 of the Uniform Commercial Code) doesn't mean it's necessarily easy to understand. Our Secured Transactions outline explains not only the legal principles but the business realities behind them -- how do banks and finance companies make sure they can get first crack at the collateral? How can a seller of goods take priority over pre-existing secured creditors? What happens to security interests in bankruptcy? ----------------------------------------------------------------------- Special features: Special Tables of References to the Uniform Commercial Code and the Bankruptcy Code Table of Cases and Subject-Matter Index --------------------------------------------------------------------------------
