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Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo, Delhi, Dubai, Tokyo: Cambridge University Press, 2004. - 826 pages
ISBN: 052183967X 9780521839679 9780511216794Series: The Common Core of European Private LawThe book presents a survey of the law relating to secured transactions in all member states of the European Union. A general report evaluates the possibilities of European harmonization.Following the Common Core Approach, the national reports are centered around 15 hypothetical cases dealing with the most important issues of secured transactions law such as the creation of security rights in different business situations, the relationship between debtor and secured creditor, the nature of the creditor's rights and their enforcement as against third parties. Each case is followed by a comparative summary.<em>ContentsGeneral editors' preface Preface Contributors Table of cases cited by name Table of legislationIntroduction and contextAbbreviations Introduction: security rights in movable property within the common market and the approach of the study A labyrinth of creditors: a short introduction to the history of security interests in goods Security in movables in the United States - Uniform Commercial Code Article 9: a basis for comparison The English law of security: creditor-friendly but unreformed The European Bank for Reconstruction and Development's Secured Transactions Project: a model law and ten core principles for a modern secured transactions law in countries of Central and Eastern Europe (and elsewhere!)The Case studiesAbbreviations Bibliographies Glossary Case 1: Furniture for a new office Case 2: The deceived seller Case 3: Machinery supplied to be used by the buyer Case 4: Jackets for resale Case 5: Motor cars supplied and resold (I) Case 6: Motor cars supplied and resold (II) Case 7: Supply of material to manufacturer (I) Case 8: Supply of material to manufacturer (II) Case 9: Too many toasters Case 10: Bank loan on the basis of a car fleet Case 11: Bank loan for a wholesaler Case 12: Bank loan on the basis of money claims (I) Case 13: Bank loan on the basis of money claims (II) Case 14: Finance leasing of computers Case 15: Indebted businessman sells business to brother Evaluation: a common core? Convergences, subsisting differences and possible ways for harmonisation Index by country Index by subject
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Security Rights in Movable Property in European Private Law For every transnational lawyer, it is vital to know the differences between national secured transactions laws. Since the applicable law is determined by the place where the collateral is situated, it may change when movables are brought from one state to another. Introductory essays from comparative lawyers set the scene. The book then presents a survey of the law relating to secured transactions in the member states of the European Union. Following the Common Core approach, the national reports are centred around fifteen hypothetical cases dealing with the most important issues of secured transactions law, such as the creation of security rights in different business situations, the relationship between debtor and secured creditor, the nature of the creditor’s rights and their enforcement as against third parties. Each case is followed by a comparative summary. A general report evaluates the possibilities of European harmonisation in the field of secured transactions law. e va - m a r i a k i e n i n g e r is Professor of German and European Private Law and Private Inter