Security Rights In Movable Property In European Private Law
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Security Rights In Movable Property In European Private Law
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Author : Eva-Maria Kieninger
language : en
Publisher: Cambridge University Press
Release Date : 2004-08-26
Security Rights In Movable Property In European Private Law written by Eva-Maria Kieninger 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 2004-08-26 with Law categories.
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.
Coherence And Fragmentation In European Private Law
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Author : Pia Letto-Vanamo
language : en
Publisher: Walter de Gruyter
Release Date : 2012-08-31
Coherence And Fragmentation In European Private Law written by Pia Letto-Vanamo and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-31 with Law categories.
One of the most important characteristics of today’s private law is that it increasingly flows from different sources: Next to national legislation and case law, it is also shaped by European and supranational sources and rapidly becoming a mixture of differently oriented rules and principles. This development can be described as one from coherence to fragmentation. The aim of the new book is to consider how this important shift has worked out in different subfields of the law like in contract and property law, in competition, insurance, marketing and private international law as well as in the law of intellectual property. This cross-disciplinary approach shows how pervasive legal fragmentation has become, and points out how to remedy the adverse effects it brings with it. The volume is therefore indispensable for anyone interested in how Europeanisation affects national private laws.
Principles Definitions And Model Rules Of European Private Law
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Author : Christian von Bar (jurist)
language : en
Publisher: sellier. european law publ.
Release Date : 2009
Principles Definitions And Model Rules Of European Private Law written by Christian von Bar (jurist) and has been published by sellier. european law publ. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
The Draft of a Common Frame of Reference (DCFR) is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law. A year ago, an interim outline edition of the Draft Common Frame of Reference (DCFR) was published by sellier. european law publishers (Germany). It covered the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text was to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003. Now available for the first time is the final outline edition of the DCFR. This final outline edition covers major new topics and includes a revised and expanded list of definitions. This revision of the interim outline edition takes public discussion into account and also contains an additional section on the principles underlying the model rules. In late 2009, the six-volume full edition of the DCFR, including all comments and notes, will be published.
Transfer Of Immovables In European Private Law
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Author : Luz M. Martínez Velencoso
language : en
Publisher: Cambridge University Press
Release Date : 2017-05-25
Transfer Of Immovables In European Private Law written by Luz M. Martínez Velencoso 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 2017-05-25 with Law categories.
This volume explores the law relating to the transfer of immovables in seventeen countries within Europe.
Precontractual Liability In European Private Law
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Author : John Cartwright
language : en
Publisher: Cambridge University Press
Release Date : 2008
Precontractual Liability In European Private Law written by John Cartwright 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 2008 with Law categories.
This volume outlines European perspectives on the liability which may follow a break-off of precontractual negotiations.
Secured Credit In Europe
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Author : Teemu Juutilainen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-03-22
Secured Credit In Europe written by Teemu Juutilainen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-22 with Law categories.
Winner of the 2016–2018 KG Idman Prize. This monograph seeks the optimal way to promote compatibility between systems of proprietary security rights in Europe, focusing on security rights over tangible movables and receivables. Based on comparative research, it proposes how best to tackle cross-border problems impeding trade and finance, notably uncertainty of enforceability and unexpected loss of security rights. It offers an extensive analysis of the academic literature of more recent years that has appeared in English, German, the Scandinavian languages and Finnish. The author organises the concrete means of promoting compatibility into a centralised substantive approach, a centralised conflicts-approach, a local conflicts-approach and a local substantive approach. The centralised approaches develop EU law, and the local approaches Member State laws. The substantive approaches unify or harmonise substantive law, while the conflicts approaches rely on private international law. The author proposes determining the optimal way to promote compatibility by objective-based division of labour between the four approaches. The objectives developed for that purpose are derived from the economic functions of security rights, the conditions for legal evolution and a transnational conception of justice. This book is an important contribution to the future of secured transactions law in Europe and more widely. It will be of interest to academics, policymakers and legal practitioners involved in this field.
Commercial Trusts In European Private Law
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Author : Michele Graziadei
language : en
Publisher: Cambridge University Press
Release Date : 2005-11-03
Commercial Trusts In European Private Law written by Michele Graziadei 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 2005-11-03 with Law categories.
In European legal systems, a variety of approaches to trust and relationships of trust meet the universal professionalisation of asset management services. This book explores that interface in order to seek a better understanding of the legal regulation of the entrustment of wealth. Within the methodology of the Common Core of European Private Law, the book sets out cases on the establishment and termination of management relationships, obligations of loyalty and of professionalism, and the choice of law. More specialized cases address collective investment, collective secured lending, pension funds, and securitisation. Reports on these cases from fifteen jurisdictions of the European Union tackle fundamental problems of trust law and show which legal techniques are deployed to solve them across Europe. In addition to a much-needed comparative treatment of the subject, the book discusses the scholarly setting for the issues and gives guidance on the terminology in the evolving European scene.
Implementing The Cape Town Convention And The Domestic Laws On Secured Transactions
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Author : Souichirou Kozuka
language : en
Publisher: Springer
Release Date : 2017-01-25
Implementing The Cape Town Convention And The Domestic Laws On Secured Transactions written by Souichirou Kozuka and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-25 with Law categories.
This book offers the analysis of the relationship between the Cape Town Convention and national laws on secured transactions. The first part of the book considers why national implementation is so important in the case of the Cape Town Convention and identifies how innovative the Convention is as a uniform law instrument. The second part includes chapters on those states that are Parties to the Cape Town Convention, which analyse how the Convention is implemented under the domestic law. The third part includes chapters on those states that are not Parties to the Convention, which compare their national laws and the Convention to find unique features of the Cape Town Convention’s rules. The fourth part discusses the meaning of Protocols on aircraft, railway rolling stock and space assets from the practitioner’s point of view. As a whole, the book offers insights into the new stage of uniform private law and shows the need for further examination of the subject, which will be essential for international and national legislators, academics of comparative and international private law as well as practitioners who are the users of the uniform law regime.
Self Help Private Debt Collection And The Concomitant Risks
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Author : Cӑtӑlin Gabriel Stӑnescu
language : en
Publisher: Springer
Release Date : 2015-08-25
Self Help Private Debt Collection And The Concomitant Risks written by Cӑtӑlin Gabriel Stӑnescu and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-25 with Law categories.
The book shows that self-help in commercial law is a fast, inexpensive and efficient alternative to court enforcement. Self-help remedies and private debt collection are largely but not exclusively features of common law jurisdictions, since remnants of private enforcement can still be found in contract law in civilian systems. The book argues that – despite their usefulness – self-help and private debt collection entail significant risks, especially for consumer debtors. This means that private enforcement needs to be accompanied by the introduction of tailor-made consumer-debtor protection regulation. Specific attention is given to factoring, which functions in many instances as a form of pseudo-private debt collection and which has been exploited to bypass sector-specific consumer protection regulations.
The Future Of Secured Credit In Europe
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Author : Horst Eidenmüller
language : en
Publisher: Walter de Gruyter
Release Date : 2012-07-12
The Future Of Secured Credit In Europe written by Horst Eidenmüller and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-12 with Law categories.
This volume contains the reports and discussions presented at the conference "The Future of Secured Credit in Europe" in Munich from July 12th to July 14th, 2007. It aims at taking the debate to a new stage by exploring the need and possible avenues for creating a European law of security interests. The first part examines – from an economic and a community law perspective – the case for European lawmaking on secured credit and the legislative approach to be taken. The intention in the second and third part is to look in more detail at the choices European lawmakers will have to make in devising a European law of secured credit. The second part focuses on secured transactions involving corporeal movables (tangibles), whereas the third part considers categories of collateral that may require special rules.