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Secured Transactions Law Reform in Africa by Marek Dubovec,Louise Gullifer Pdf
Introduction -- A Modern Secured Transactions Law -- COMMON LAW -- Ghana -- Kenya -- Liberia -- Malawi -- Nigeria -- Zambia -- Sierra Leone -- CIVIL LAW -- OHADA Uniform Act on Securities -- Burundi -- Ethiopia -- Tunisia -- MIXED JURISDICTIONS -- Rwanda -- South Africa -- Zimbabwe -- A Modern International Approach to Equipment Financing in Africa: -- Th e Cape Town Convention and its Protocols -- Th e Infrastructure Underpinning a Modern Secured Transactions Law -- Conclusion.
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 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.
Towards Reforming the Legal Framework for Secured Transactions in Nigeria by Chima Williams Iheme Pdf
This book offers a valuable guide to one of the most challenging areas of commercial law, now frequently referred to as secured transactions, with a focus on Nigerian, Canadian and United States perspectives. A debtor’s ability to provide collateral influences not only the cost of the money borrowed, but also in many cases, whether secured lenders are willing to offer credit at all. The book proposes that increasing access to, and indeed, lowering the cost of credit could tremendously boost economic development, while at the same time arguing that this would best be achieved if the legal framework for secured transactions in Nigeria, and of course, any other country with similar experiences, were designed to allow the use of personal property and fixtures to secure credit. Similarly, the creation, priority, perfection, and enforcement of security interests in personal property should be simplified and supported by a framework that ensures that neither the interests of secured lenders nor debtors are hampered, so as to guarantee the continuous availability of affordable credit as well as debtors’ willingness to borrow and do business. The book further argues that in addition to the obvious preference for real property over personal property by secured lenders due to the unreformed secured-transactions legal framework in Nigeria, its compartmentalized nature has also resulted in unpredictability in commerce and the concomitant effects of poor access to credit. Through the comparative research conducted in this book utilizing the UCC Article 9 and Ontario PPSA as benchmarks, the author provides reformers with a repository of tested secured-transactions law solutions, which law reformers in the Commonwealth countries in Africa and beyond, as well as the business community will find valuable in dealing with issues that stem from secured transactions.
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.
Secured Transactions Reform and Access to Credit by Frederique Dahan,John Simpson Pdf
The book is unique. . . It brings together articles on the economics and the law of property rights, and combines these with case studies, observations of what works and what does not, and a checklist of things to watch for. . . This is a very useful book that should appeal to reformers working in the field, whether they are governmental officials trying to modernize their economies, or economists and lawyers working in developmental agencies. . . There are few other books or publications that bring together the views of experts working in this important, albeit somewhat neglected, are of financial sector plumbing. William P. Armstrong, Banking and Finance Law Review . . . a well-presented collection of interesting papers within which one finds a rich resource of information and perspectives on secured transactions reform from parts of the world which are often overlooked in comparative commercial law scholarship. Noel McGrath, Journal of Business Law . . . with its insightful analysis, interesting empirical studies and knowledgeable team of contributors, the book will be illuminating and useful not just for those interested in development, but also anyone who has anything to do with granting credit and taking security. Dora S. Neo, Singapore Journal of Legal Studies This is an excellent, unique book. The material is very well written and presented in a carefully thought-out, coherent way. It tells us a legal story of our own, unique time. Any lawyer working in transition economies, whether or not directly on reform projects, would find it of great interest. Even economists should perhaps take a look at it! Roger McCormick, Law and Financial Markets Review Secured transactions reform, also known as collateral or pledge law reform, is increasingly seen as an important building block for economic development. The commonly held view is that the availability and cost of credit, as well as the efficiency of the market for secured credit, are directly influenced by the laws affecting secured transactions and their implementation. However, there is still a lot of confusion about this relatively complex and technical area of the law and its role in promoting access to credit and economic growth. The chapters presented here provide, for the first time, a comprehensive and cutting-edge view of the subject from both a legal and economic perspective. They start at the macro level of financial systems, moving towards the behaviours of lenders (commercial banks and micro-lenders), policy options for government and the mechanisms of collateral law reform. By approaching the subject from different angles and experiences, the work advocates an inclusive approach to the subject where all stakeholders interests can be taken into account. It addresses the question of what role laws and institutions can play to encourage access to credit. This book will be of primary interest to those involved in economic development and the interaction between law and economics, either for practical reasons (for example, working on reform or providing advice on investment in transition economies) or for research purposes.
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
Secured Transactions Law Reform in Africa by Marek Dubovec,Louise Gullifer Pdf
Over the last few decades, many countries have reformed their secured transactions law. One of the main reasons has been the clear link between reform and the availability of credit, and the drive to improve access to finance, particularly for micro, small and medium-sized enterprises. This book focuses particularly on developing economies in Africa, which have legal frameworks influenced by English, French, Belgian, Roman-Dutch and other laws. Reform in this area of law across African countries has taken a number of forms, which are explored and discussed in this book. Secured Transactions Law Reform in Africa is a mixture of a critical description of the pre-reform law and practice, and the reform process itself. It also includes a comparative analysis of the legal provisions and an examination of the early results of the reforms. The book sets out a road map for the future of secured transactions reform; primarily in Africa, but also in other countries that have undertaken or are contemplating similar reforms. This book is the second in a series of books about Secured Transactions Law in countries around the world, and its reform, both on a national and an international scale. The first book, Secured Transactions Law Reform: Principles, Policies and Practice, was published in 2016.
Comparative Secured Transactions Law by Tibor Tajti Pdf
This work is a valuable guidance to one of the most challenging fields of commercial law, increasingly known as secured transactions. Besides canvassing the central features of contemporary leading legal systems in a fairly detailed manner, the focus is on a comparative analysis of the building blocks of these. A detailed account has been also given to the related Hungarian reform efforts of the 1990s. Since the economic potential inherent to developed secured transactions systems has not been fully exploited even by many developed economies, the sudden realization of the importance of credit economies and credit securities should not come as a surprise in the era of globalization. This book is a valuable tool for all those dealing with this area of law in countries striving towards market economy. The author not only highlights the potential role of security in easing the chronic shortage of credit in transitory countries, but also provides the reformers with a repository of tested se
Secured Transactions Law Reform in Africa by Marek Dubovec,Louise Gullifer Pdf
Over the last few decades, many countries have reformed their secured transactions law. One of the main reasons has been the clear link between reform and the availability of credit, and the drive to improve access to finance, particularly for micro, small and medium-sized enterprises. This book focuses particularly on developing economies in Africa, which have legal frameworks influenced by English, French, Belgian, Roman-Dutch and other laws. Reform in this area of law across African countries has taken a number of forms, which are explored and discussed in this book. Secured Transactions Law Reform in Africa is a mixture of a critical description of the pre-reform law and practice, and the reform process itself. It also includes a comparative analysis of the legal provisions and an examination of the early results of the reforms. The book sets out a road map for the future of secured transactions reform; primarily in Africa, but also in other countries that have undertaken or are contemplating similar reforms. This book is the second in a series of books about Secured Transactions Law in countries around the world, and its reform, both on a national and an international scale. The first book, Secured Transactions Law Reform: Principles, Policies and Practice, was published in 2016.
Research Handbook on Secured Financing of Commercial Transactions by Frédérique Dahan Pdf
'No single-volume publication brings together as many diverse and stimulating perspectives on secured financing law as does this EE Research Handbook. Its great strengths are asking hard questions and recognizing how difficult reform is. Contributors report on what works (and what doesn't), drawing on evidence from legal systems less often studied in this context (e.g., Brazil, Morocco). I cannot imagine a researcher in the field who would not be intrigued by analysis of such issues as access of women to secured financing, constraints Shari?ah places on use of security devices, and reasons for Russia's meandering path to modernization.' - Peter Winship, SMU Dedman School of Law, US
Ronald C. C. Cuming,Roderick J. Wood,Catherine Walsh
Author : Ronald C. C. Cuming,Roderick J. Wood,Catherine Walsh Publisher : Essentials of Canadian Law Page : 813 pages File Size : 46,5 Mb Release : 2012 Category : Law ISBN : 1552212998
Personal Property Security Law by Ronald C. C. Cuming,Roderick J. Wood,Catherine Walsh Pdf
This book examines the legal framework for secured credit set out in the Personal Property Security Act. This second edition updates the area of personal property security law in Canada with new caselaw, including some important SCC cases clarifying the law or providing the conceptual basis for its further amplification.
Reforming Collateral Laws to Expand Access to Finance by Heywood W. Fleisig Pdf
Most readers, especially those with car loans or home mortgages, know about "collateral"--property that the lender can take away from the borrower in the event that the borrower defaults. In low/middle income countries, it is understood that conservative lenders exclude firms from credit markets with their excessive collateral requirements. Usually, this is because only some property is acceptable as collateral: large holdings of urban real estate and, sometimes, new motor vehicles. Microenterprises, SMEs, and the poor have little of this property but they do have an array of productive assets that could easily be harnessed to serve as collateral. It is only the legal framework which prevents firms from using these assets to secure loans. In countries with reformed laws governing collateral, property such as equipment, inventory, accounts receivable, livestock are considered excellent collateral. This book aims to better equip project managers to implement reforms to the legal and institutional framework for collateral (secured transactions). It discusses the importance of movable property as a source of collateral for firms, the relationship between the legal framework governing movable assets and the financial sector consequences for firms (better loan terms, increased access, more competitive financial sector), and how reforms can be put in place to change the lending environment.
United Nations Commission on International Trade Law
Author : United Nations Commission on International Trade Law Publisher : United Nations Page : 90 pages File Size : 54,7 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.
Security Rights in Intellectual Property by Eva-Maria Kieninger Pdf
This book discusses the main legal and economic challenges to the creation and enforcement of security rights in intellectual property and explores possible avenues of reform, such as more specific rules for security in IP rights and better coordination between intellectual property law and secured transactions law. In the context of business financing, intellectual property rights are still only reluctantly used as collateral, and on a small scale. If they are used at all, it is mostly done in the form of a floating charge or some other “all-asset” security right. The only sector in which security rights in intellectual property play a major role, at least in some jurisdictions, is the financing of movies. On the other hand, it is virtually undisputed that security rights in intellectual property could be economically valuable, or even crucial, for small and medium-sized enterprises – especially for start-ups, which are often very innovative and creative, but have limited access to corporate financing and must rely on capital markets (securitization, capital market). Therefore, they need to secure bank loans, yet lack their own traditional collateral, such as land.
