The Law Applicable To Security Interests In Intermediated Securities Under Ohada Law
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The Law Applicable To Security Interests In Intermediated Securities Under Ohada Law
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Author : Justin Monsenepwo
language : en
Publisher: Mohr Siebeck
Release Date : 2023-01-03
The Law Applicable To Security Interests In Intermediated Securities Under Ohada Law written by Justin Monsenepwo and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-03 with Law categories.
Intermediated Securities
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Author : Louise Gullifer
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-06-17
Intermediated Securities written by Louise Gullifer and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-17 with Law categories.
Globally, there has been a shift from securities being held directly by an investor, to a situation in which many securities are held via an intermediary. The existence of one or more intermediaries between the investor and the issuer has a potentially significant impact on the rights of the investor, the role and obligations of the issuer, and on the position and responsibilities of the intermediary. However, different jurisdictions have dealt with the issues arising from intermediation in a variety of ways. In the UK, for example, the concept of a trust is used to explain the different rights and obligations which arise in this scenario, whereas in the US the issues have been addressed by legislation, in the form of UCC Article 8. This variety is problematic, given that it is possible for an investor to hold securities in a number of different jurisdictions. A new UNIDROIT Convention on the issue of Intermediated Securities, the Geneva Securities Convention 2009, aims to create a common framework for dealing with these issues. This collection of essays explores the issues that arise when securities are held via an intermediary, and in particular assesses the solutions put forward by the new Convention on this issue. It will be essential reading for practitioners and academics.
Secured Transactions Law Reform In Africa
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Author : Marek Dubovec
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-10-31
Secured Transactions Law Reform In Africa written by Marek Dubovec and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-31 with Law categories.
Over the last few decades, many countries have reformed their secured transactions law. One of the main reasons has been the clear link between reform and the availability of credit, and the drive to improve access to finance, particularly for micro, small and medium-sized enterprises. This book focuses particularly on developing economies in Africa, which have legal frameworks influenced by English, French, Belgian, Roman-Dutch and other laws. Reform in this area of law across African countries has taken a number of forms, which are explored and discussed in this book. Secured Transactions Law Reform in Africa is a mixture of a critical description of the pre-reform law and practice, and the reform process itself. It also includes a comparative analysis of the legal provisions and an examination of the early results of the reforms. The book sets out a road map for the future of secured transactions reform; primarily in Africa, but also in other countries that have undertaken or are contemplating similar reforms. This book is the second in a series of books about Secured Transactions Law in countries around the world, and its reform, both on a national and an international scale. The first book, Secured Transactions Law Reform: Principles, Policies and Practice, was published in 2016.
The Future Of Commercial Law
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Author : Orkun Akseli
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-04-16
The Future Of Commercial Law written by Orkun Akseli and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-16 with Law categories.
The reform of commercial law through harmonisation, unification, codification and other means remains one of the most important projects in developing the institutional architecture for the global economy. This edited collection engages with the challenges and contributes to a greater understanding of the problems faced by states, international organisations, and private sector actors in this ongoing reform project for commercial law. The volume takes stock of the project to date and looks towards a restructuring of the agenda to deal with new challenges. The primary aim of the collection is to understand the future of commercial law reform in a way that offers ideas and strategies for innovation as well as in methodologies for project selection and evaluation. In so doing, the collection informs the debate on the global reform of commercial law and will be of interest not only to academics, but also to those involved in the reform of commercial law around the world. The volume collects papers presented at the UK Society of Legal Scholars Annual Seminar 2017.
Secured Transactions Law Reform
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Author : Louise Gullifer
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-10-20
Secured Transactions Law Reform written by Louise Gullifer and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-20 with Law categories.
Secured transactions law has been subjected to a close scrutiny over the last two decades. One of the main reasons for this is the importance of availability of credit and the consequent need to reform collateral laws in order to improve access to finance. The ability to give security effectively influences not only the cost of credit but also, in some cases, whether credit will be available at all. This requires rules that are transparent and readily accessible to non-lawyers as well as rules that recognise the needs of small and medium-sized enterprises. This book critically engages with the challenges posed by inefficient secured credit laws. It offers a comparative analysis of the reasons and the needs for a secured transactions law reform, as well as discussion of the steps taken in many common law, civil law and mixed law jurisdictions. The book, written under the auspices of the Secured Transactions Law Reform Project, informs the debate about reform and advances novel arguments written by world renowned experts that will build upon the existing literature, and as such will be of interest to academics, legal practitioners and the judiciary involved in secured transactions law around the world. The text considers reform initiatives that have taken place up to the end of April 2016. It has not been possible to incorporate events since then into the discussion. However, notable developments include the banks decree passed by the Italian Government on 29th June 2016, and the adoption of the Model Law on Secured Transactions by UNCITRAL on 1st July 2016.
Personal Property Security Law Reform In The Uk
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Author : John de Lacy
language : en
Publisher: Routledge
Release Date : 2009-12-16
Personal Property Security Law Reform In The Uk 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.
Research Handbook On Secured Financing In Commercial Transactions
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Author : Frederique Dahan
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-06-29
Research Handbook On Secured Financing In Commercial Transactions written by Frederique Dahan 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 2015-06-29 with Law categories.
This cutting-edge Handbook presents an overview of research and thinking in the field of secured financing, examining international standards and best practices of secured transactions law reform and its economic impact. Expert contributors explore the
Transnational Legal Orders
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Author : Terence C. Halliday
language : en
Publisher: Cambridge University Press
Release Date : 2015-01-19
Transnational Legal Orders written by Terence C. Halliday 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 2015-01-19 with Law categories.
"This book offers an empirically grounded theory that reframes the study of law and society from a predominantly national context, which dichotomizes the study of international law and national compliance into a dynamic perspective that places national, international, and transnational lawmaking and practice within a coherent single frame. By presenting and elaborating on a new concept, transnational legal orders it offers an original approach to the emergence of legal orders beyond nation-states. It shows how they originate, where they compete and cooperate, and how they settle on institutions that legally order fundamental economic and social behaviors that transcend national borders. This original theory is applied and developed by distinguished scholars from North America and Europe in business law, regulatory law and human rights"--
Uncitral Model Law On Secured Transactions
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Author : United Nations Commission on International Trade Law
language : en
Publisher: United Nations
Release Date : 2017-02-16
Uncitral Model Law On Secured Transactions written by United Nations Commission on International Trade Law and has been published by United Nations this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-16 with Political Science categories.
The UNCITRAL Model Law on Secured Transactions (the "Model Law") deals with security interests in all types of tangible and intangible movable property, such as goods, receivables, bank accounts, negotiable instruments, negotiable documents, non-intermediated securities and intellectual property with few exceptions, such as intermediated securities. The Model Law follows a unitary approach using one concept for all types of security interest, a functional approach under which the Model Law applies to all types of transaction that fulfil security purposes, such as a secured loan, retention-of-title sale or financial lease, and a comprehensive approach under which the Model Law applies to all types of asset, secured obligation, borrower and lender.
Property Law In A Globalizing World
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Author : Amnon Lehavi
language : en
Publisher: Cambridge University Press
Release Date : 2019-01-17
Property Law In A Globalizing World written by Amnon Lehavi 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 2019-01-17 with Law categories.
Why property law needs globalization strategies -- Local to global : an institutional analysis -- Land -- Tangible goods, monetary claims, investment securities -- Intellectual property, data, and digital assets -- Security interests and proprietary priorities in insolvency