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Mike Rubin¿s numerous writings on security devices are often cited as authoritative by state and federal courts. The latest edition of his Précis, written in plain English, provides a readily-understandable overview of Louisiana¿s unique laws on mortgage, suretyship, lease financing, the Deficiency Judgment Act, the Private Works Act, and traps for the unwary under Louisiana¿s version of U.C.C. art. 9. Much more than a mere overview, however, it also contains an in-depth discussion of each of these areas, accompanied by numerous examples that concisely illustrate the rules and concepts. Completely updated to reflect legislative and jurisprudential changes, this book is a must-have.
For the first time, readers will find here in one place a clear and up-to-date discussion of the four primary "security devices" in Louisiana law: the Louisiana version of Article 9 of the Uniform Commercial Code, mortgages, statutory liens ("privileges"), and personal guarantees ("suretyship"). The discussion is written to be easily accessible to non-experts. It offers both a basic introduction and a detailed but concise explanation of the operation of each of the available security devices, including the complex rules for determining priority among the various devices when they compete with each other, with a trustee in bankruptcy, or with the Internal Revenue Service. This book is designed to allow students and lawyers to solve difficult problems with minimal effort, guided by a logically structured and detailed table of contents, as well as simple illustrations of particularly complex topics. By bringing all of this material together in a clear and focused framework, this book is intended to reduce study and research time for complex secured transactions questions and to increase students' and lawyers' confidence in the resolution of often complex and confusing commercial law problems in the unique environment of Louisiana law. This second edition has been updated to reflect recent changes in the law, especially the complete overhaul of the rules governing agricultural collateral, the filing rules for Orleans Parish, and the expanded application of the certificate of title perfection rules to certain boats and motors.
Louisiana Law of Sale and Lease is a concise yet thorough casebook for students of Louisiana's Civil law whose authors have taught the subject for many years. By using a direct and straightforward approach, it will help students understand the articles of the Civil Code that govern sale and lease and the judicial decisions that interpret and apply them. The book includes classic cases, newer cases applying the recent revisions of the law, as well as questions and comments that guide the student to an understanding of the Civil Code articles on sale and lease and their place within the law of contract as a whole.
A central puzzle in jurisprudence has been the role of custom in law. Custom is simply the practices and usages of distinctive communities. But are such customs legally binding? Can custom be law, even before it is recognized by authoritative legislation or precedent? And, assuming that custom is a source of law, what are its constituent elements? Is proof of a consistent and long-standing practice sufficient, or must there be an extra ingredient - that the usage is pursued out of a sense of legal obligation, or, at least, that the custom is reasonable and efficacious? And, most tantalizing of all, is custom a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today? This volume answers these questions through a rigorous multidisciplinary, historical, and comparative approach, offering a fresh perspective on custom's enduring place in both domestic and international law.