The Law of Security and Title-Based Financing
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216 181 Ft
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Product details:
- Edition number 3
- Publisher OUP Oxford
- Date of Publication 8 March 2018
- ISBN 9780198795568
- Binding Hardback
- No. of pages1008 pages
- Size 247x177x58 mm
- Weight 1856 g
- Language English 0
Categories
Short description:
This leading work brings together all of the law on the complex subject of securing and enforcing debts on property other than land. It provides guidance in the context of commercial practice and advises on related areas such as conflict of laws, priority, insolvency, and enforcement.
MoreLong description:
Personal property security is an important subject in commercial practice as it is the key to much of the law of banking and sale. This book examines traditional methods of securing debts (such as mortgages, charges and pledges) on property other than land, describing how these are created, how they must be registered (or otherwise 'perfected') if they are to be valid, the rights and duties of the parties and how the security is enforced if the debt is not paid.
The third edition has been updated to cover a wealth of cases which have been decided since the last edition. These include new cases on: control of financial collateral, and relief against forfeiture under a financial collateral arrangement; retention of title (including the effect of "extended" clauses); estoppel and the HPI register; availability of set-off against assignee; a number of cases on enforcement of security; equitable liens; solicitor's liens and databases; on priority or purchase money security interests; and the Irish Supreme Court decision on floating charge and crystallisation.
The effect of key legislative changes have also been analysed and these include the 2013 amendments to the Companies Act 2006 Part 25, and issues post-ratification relating to the Cape Town Convention.
The only full-length treatment covering both traditional security over personal property and also devices that fulfil a similar economic function, such as retention of title and sales of receivables, The Law of Security and Title-Based Financing is a frequently-cited and indispensable reference work both for practitioners and academics.
This book offers an authoritative and essential systemisation of the law and a convincing demonstration that whilst the English doctrine on personal property security can broadly work; it is complicated and susceptible to substantial critique.
Table of Contents:
Introduction
Use of Security Interests and Quasi-security Interests in Debt Financing
Financial Collateral
I: Description of Interests
Types of Interest
Possessory Security
Non-possessory Security
Financing Devices Involving the Transfer or Retention of Title
Rights not Including the Transfer or Retention of Title
II: Registration and Other Perfection Requirements
Perfection Requirement
Interests Created by Companies
Interests Created by Debtors who are not Companies
III: Priorities
Introduction to Priorities
General Priority Rule: Nemo Dat (first in time to be created wins)
Exceptions to the Nemo Dat Rule
Authorized Dispositions
Priority between Consensual and Non-consensual Security Interests
Other Priority Issues
Enforcement of True Security interests
Enforcement of Financial Devices Involving the Transfer or
Enforcement of Security in Insolvency
Enforcement of Rights not Including the Transfer of Title
V: Conflict of laws
Conflict of Laws
VI: Criticism and reform proposals
Criticism and Reform Proposals