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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.
This book focuses on international harmonisation and the law of secured transactions by distilling and analysing the unifying principles of various significant international conventions and instruments such as the UN Convention on the Assignment of Receivables, the Unidroit Convention on International Factoring, the EBRD Model Law on Secured Transactions, the Unidroit Convention on the International Interests in Mobile Equipment and the UNCITRAL Legislative Guide on Secured Transactions. International secured transactions conventions and instruments facilitate credit and promote economic activity through the creation of harmonised rules. Therefore, given the increasing globalisation of markets, international reform efforts for the harmonised modernisation of secured transactions law have gained pace over recent years. International Secured Transactions Law draws on experiences in both English and US laws in order to identify and illustrate the existing problems that need to be addressed, as well as identify potential solutions. International Secured Transactions Law will be of interest to scholars, students interested in international commercial law, corporate law or comparative secured transactions, and practitioners involved in international commercial 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,
Softbound - New, softbound print book.
This book offers a comprehensive and accessible introduction to Article 9 of the Uniform Commercial Code. It covers secured transactions from A to Z with examples and answers that will enable students to test their knowledge and find the answers to the many conundrums in Article 9.
The core of this law school casebook is an extensive set of hypothetical problems designed to force students to come to grips with Article 9 provisions directly, assuming that the student has just been hired as a junior in-house counsel for a mythical bank holding company. It then takes the student through the series of problems generated by various lending subsidiaries. The tone is light, with recurring characters, and footnotes which include the necessary Code citations and case citations to supplement the included materials. This book is intended for teachers who want an in depth treatment of Article 9, believe Article 9 need not be drudgery either for students or instructors, and have a sense of humor. The new edition adds some new problems and text and includes a substantial number of recent cases and secondary sources to the footnotes that will help students both answer the problems and extend their understanding of the concepts being covered.
This new Short & Happy Guide to Secured Transactions has been created by Professor Barnes to make important concepts from Article 9 of the Uniform Commercial Code plain and understandable to students. The complex topics are explained in a plain-spoken, straightforward way, to make the concepts as simple and accessible as possible. The important provisions of the Code are excerpted and edited for readability, and all concepts are explained with simple, narrative text, and accompanied by easy-to-understand examples which help students understand the Secured Transactions concepts. Look, we're not going to sugar-coat this - Secured Transactions is difficult. This guide makes it much easier to understand, and get a great grade on your Secured Transactions exam.
Gilmore, Grant. Security Interests in Personal Property. Boston: Little, Brown & Company, 1965. Two volumes. xxxiv, 651; xiii, 653-1508 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-10258. ISBN 1-886363-81-1. Cloth. $195. * Written by the late Grant Gilmore, Co-Reporter for Article 9 of the Uniform Commercial Code, this landmark work, often cited, is extremely well respected as an acknowledged authority in this area. Combines an engrossing account of the drafting of Article 9 as it emerged in its final form with important interpretive data relating to security interests. This title is the recipient of both the Order of the Coif and the James Barr Ames award. Now back in print and of continued relevance today.
Secured Transactions: Problems and Materials combines original material with recent cases to teach students about secured financing under Article 9 of the Uniform Commercial Code. Students learn how to identify basic Article 9 issues and craft solutions for them. The book begins with an explanation of secured versus unsecured financing and addresses how transactions were handled before the institution of Article 9. It then discusses specific aspects of Article 9 including its scope, creating and protecting a security interest, priorities, exceptions, fixtures, proceeds, and enforcement. The book is built around a series of problems that connect the cases and original material to the text of Article 9. The original material clarifies and contextualizes the legal issues, providing background and support. The cases demonstrate how legal principles are applied in the real world, enabling students to understand automatic perfection, certificates of title, statutory liens, commercial reasonableness, and more. The revised first edition features updated information regarding laws and legislation, as well as new cases for the chapters on repossessing fixtures and proceeds. Secured Transactions successfully balances the study of law and its application. It is an ideal book for foundational courses in secured transactions. Larry Bates earned his J.D. from the Marquette University School of Law and his LL.M. from Harvard Law School. He spent nine years in practice as a corporate bankruptcy specialist before joining the faculty of Baylor Law School, where he teaches contracts and commercial law, including international and domestic sales law and secured transactions. Professor Bates also serves as the faculty advisor for the Baylor Law Review. He has written extensively on commercial law and bankruptcy and is a member of the American Bar Association committee responsible for overseeing the National Appellate Advocacy Competition.