"Security Rights in Movable Property in European Private Law" ed. by Eva-Maria Kieninger
"Security Rights in Movable Property in European Private Law" ed. by Eva-Maria Kieninger , Michele Graziadei, George L. Gretton, Cornelius G. van der Merwe, Matthias E. Storme
The Common Core of European Private Law
CU Press | 2004 | ISBN: 052183967X 9780521839679 9780511216794 | 826 pages | PDF | 5 MB
The Common Core of European Private Law
CU Press | 2004 | ISBN: 052183967X 9780521839679 9780511216794 | 826 pages | PDF | 5 MB
The 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.
Contents
General editors' preface
Preface
Contributors
Table of cases cited by name
Table of legislation
PART I INTRODUCTION AND CONTEXT
Abbreviations
1 Introduction: security rights in movable property within the common market and the approach of the study
2 A labyrinth of creditors: a short introduction to the history of security interests in goods
3 Security in movables in the United States - Uniform Commercial Code Article 9: a basis for comparison
4 The English law of security: creditor-friendly but unreformed
5 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!)
PART II THE CASE STUDIES
Abbreviations
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
with TOC BookMarkLinks