Floating Charges In Comparative Perspective

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Floating Charges In Comparative Perspective
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Author : Alisdair MacPherson
language : en
Publisher: Edward Elgar Publishing
Release Date : 2025-04-09
Floating Charges In Comparative Perspective written by Alisdair MacPherson and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-04-09 with Law categories.
This edited collection examines floating charges, a special type of security that covers a class of revolving assets, and functional equivalents across the world. The book explores a range of common threads and points of disparity based on expert insights in the field of security rights, with a comparative overview of 40 jurisdictions and chapters examining floating security in selected jurisdictions in Africa, Asia, Europe and North America.
Floating Charges In Scotland
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Author : Jonathan Hardman
language : en
Publisher: EUP
Release Date : 2024-02-29
Floating Charges In Scotland written by Jonathan Hardman and has been published by EUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-29 with Business & Economics categories.
The floating charge is vital to secured transactions in Scotland and plays a key role in access to finance and corporate insolvency. Bringing together leading commentators at the forefront of the topic, this book delivers wide-ranging coverage of the history, theory, practice and potential reform of the floating charge. They examine floating charges from diverse approaches including 'black letter', socio-legal, law and economics, and comparative perspectives.
The Oxford Handbook Of Comparative Law
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Author : Mathias Reimann
language : en
Publisher: OUP Oxford
Release Date : 2006-11-16
The Oxford Handbook Of Comparative Law written by Mathias Reimann and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-11-16 with Law categories.
The Oxford Handbook of Comparative Law provides a wide-ranging and highly diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty two chapters which are written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.
Corporate Insolvency Law
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Author : Vanessa Finch
language : en
Publisher: Cambridge University Press
Release Date : 2002-09-12
Corporate Insolvency Law written by Vanessa Finch and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-09-12 with Business & Economics categories.
Vanessa Finch provides an interesting look at corporate insolvency laws and processes. She adopts an interdisciplinary approach to place two questions at the centre of her discussion. Are current UK laws and procedures efficient, expert, accountable and fair? Are fundamentally different conceptions of insolvency law needed for it to develop in a way that serves corporate and broader social ends? Topics considered in this wide-ranging book include different ways of financing companies, causes of corporate failure and prospects for designing rescue-friendly processes. Also examined are alternative asset distribution of failed companies, allocations of insolvency risks and effects of insolvency on a company's directors and employees. Finch argues that changes of approach are needed if insolvency law is to develop with coherence and purpose. This book will appeal to academics and students at advanced undergraduate and graduate level, and to legal practitioners throughout the common law world.
Research Handbook On Shareholder Inspection Rights
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Author : Randall S. Thomas
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-05-09
Research Handbook On Shareholder Inspection Rights written by Randall S. Thomas and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-09 with Law categories.
Shareholder inspection rights form an important tool for shareholder protection. They offer shareholders seeking information private access to specific books and records of the company that are otherwise not publicly available. While there has been a discourse on the topic in some jurisdictions such as Delaware (USA), it has not received scholarly treatment at an international level. This Research Handbook seeks to alter that, and signifies the first endeavor to engage in a comprehensive and comparative analysis of shareholder inspection.
Secured Credit Under English And American Law
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Author : Gerard McCormack
language : en
Publisher: Cambridge University Press
Release Date : 2004-06-14
Secured Credit Under English And American Law written by Gerard McCormack and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-06-14 with Business & Economics categories.
Secured Credit drives economic activity. Under English Law it is possible to create security over almost any asset, but the law is widely considered to be unsatisfactory for several reasons, including a cumbersome registration system, a preoccupation with formalistic distinctions and the lack of clear and rationally-determined priority rules. Gerard McCormack examines the current state of English law highlighting its weaknesses. He uses Article 9 of the American Uniform Commercial Code as a reference point: this Article has successfully serviced the world's largest economy for over 40 years and is increasingly used as the basis for legislation by Commonwealth jurisdictions including Canada and New Zealand. The Law Commission has suggested the enactment of similar legislation in England. In addition, McCormack considers if there really is a case for the priority of secured credit, as well as if there are other international models to draw upon. Contains the text of Article 9.
Property Rights And Bijuralism
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Author : Jan Jakob Bornheim
language : en
Publisher: Mohr Siebeck
Release Date : 2020-10-12
Property Rights And Bijuralism written by Jan Jakob Bornheim and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-12 with Law categories.
"Using the Canadian experience as a model, Jan Jakob Bornheim shows that the efficient interaction of common law and civil law can take place on both vertical and horizontal planes."--
Regulating Credit Rating Agencies
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Author : Aline Darbellay
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013
Regulating Credit Rating Agencies written by Aline Darbellay and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Credit bureaus categories.
This highly topical book examines how the leading credit rating agencies - Moody's, Standard & Poor's and Fitch - have risen to prominence in the wake of the financial crisis. It investigates how the Big Three have become ever more profitable even though the quality of their ratings has declined and rating scandals have tarnished their reputation. After a century of being left quasi-unregulated the rating industry is now subject to sweeping reforms. This informative study analyzes the post-crisis overhaul in the United States and the European Union. The focus lies on the interactions between regulatory intervention and competitive incentives among the Big Three. This book highlights the challenges faced by policymakers trying to regulate the rating industry and simultaneously decrease over-reliance on ratings. Regulating Credit Rating Agencies will appeal to academics in law and economics, practitioners, policymakers, lawmakers and regulators. Contents Foreword Part I: Prelude to the Credit Rating Industry 1. Introduction 2. History of Credit Rating Agencies 3. Description of the Credit Rating Industry Part II: Regulatory Structure 4. Rating-based Regulations 5. Regulatory Treatment of Credit Rating Agencies 6. Regulatory Trends Part III: Uses and Abuses of Credit Ratings in Structured Finance 7. Growth of the Structured Finance Segment 8. Wrong Incentives in the Credit Rating Industry 9. Regulatory Response to the Problems of Structured Finance Ratings Part IV: System-wide Effects of Credit Rating Downgrades 10. System-relevance of Credit Ratings 11. Market Reactions to Credit Rating Downgrades and their Consequences 12. Regulatory Response to the Systemic Issue Part V: Trends and Outlook 13. Restoring Competition in the Credit Rating Industry 14. Concluding Remarks Bibliography Index
Research Handbook On Corporate Bankruptcy Law
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Author : Barry E. Adler
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-06-26
Research Handbook On Corporate Bankruptcy Law written by Barry E. Adler and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-26 with Law categories.
In this Research Handbook, today’s leading experts on the law and economics of corporate bankruptcy address fundamental issues such as the efficiency of bankruptcy, the role and treatment of creditors – particularly secured creditors – in the bankruptcy process, the allocation of going-concern surplus among claimants, the desirability of liquidation in the absence of such surplus, the role of contract in bankruptcy resolution, the role of derivatives in the bankruptcy process, the costs of the bankruptcy system, and the special case of financial institutions, among other topics.
The Reform Of Uk Personal Property Security Law
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Author : John de Lacy
language : en
Publisher: Routledge
Release Date : 2009-12-16
The Reform Of Uk Personal Property Security Law written by John de Lacy and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-16 with Law categories.
There has been much discussion in the last ten years about the need to reform the law governing company charge registration, with many bodies including the Department of Trade and Industry and Law Commissions considering the case for reform of this area in the context of a wider scheme of personal property security reform. This has culminated in the coming into force of Part 25 of the Companies Act 2006, which is concerned with company charge registration. This major book features the work of international experts on personal property security law. It focuses on the reform of UK company charge law and argues that the Companies Act 2006 did not go far enough in reforming the law. It addresses the question as to whether the UK should follow the lead of other jurisdictions that have adopted US Article 9 type personal property security schemes. As well as considering current UK law the book also addresses the changes proposed by the Law Commissions and, despite current government inaction, considers whether these reform proposals should be adopted. The book contains major international comparisons and, in particular, looks at law reform in the USA, Canada, Australia, New Zealand, Singapore and Europe. This comparative treatment gives the reader a full perspective on this difficult and constantly developing area of law.