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McCormack examines English law on Secured Credit, highlighting its weaknesses, and evaluating possible remedies. Contains the text of Article 9.
Part of a series concerned with the relationship between law and society, and designed to reflect the increasing interest of lawyers, social scientists and historians in this field, this volume is aimed at practitioners and scholars working in the areas of insolvency practice and commercial law.
The reservation of title clause plays an important role in contemporary trade. Financially, the reservation of title clause is a cheap and simple form of credit granted by the seller without the involvement of a third party. Legally, the reservation of title clause is more complicated, as it constitutes a transfer of title under a condition precedent; the seller remains the owner of the asset sold until the full price is paid. The rules of substantive law relating to the reservation of title clause differ from country to country. Uniform or harmonized rules of substantive law - or even of private international law - are wanting. In this book, submitted as a doctoral thesis to the European University Institute, Department of Law, Florence, Italy, Ms Jacobien W. Rutgers addresses the question as to the problems which may arise if a reservation of title clause is employed within international transactions, especially transactions between Germany, France, and the Netherlands, and in which mode a solution can be found. The author seeks the solution in private international law, since other means of addressing the problem, such as harmonization and unification of substantive law rules, have failed so far. The book is strong in the analysis of the various conflict of laws solutions and pioneering in how it deals with the question of the extent to which the rules of private international law in this field must be in compliance with European law.
The reservation of title clause plays an important role in contemporary trade. Financially, the reservation of title clause is a cheap and simple form of credit granted by the seller without the involvement of a third party. Legally, the reservation of title clause is more complicated, as it constitutes a transfer of title under a condition precedent; the seller remains the owner of the asset sold until the full price is paid. The rules of substantive law relating to the reservation of title clause differ from country to country. Uniform or harmonized rules of substantive law - or even of private international law - are wanting. In this book, submitted as a doctoral thesis to the European University Institute, Department of Law, Florence, Italy, Ms Jacobien W. Rutgers addresses the question as to the problems which may arise if a reservation of title clause is employed within international transactions, especially transactions between Germany, France, and the Netherlands, and in which mode a solution can be found. The author seeks the solution in private international law, since other means of addressing the problem, such as harmonization and unification of substantive law rules, have failed so far. The book is strong in the analysis of the various conflict of laws solutions and pioneering in how it deals with the question of the extent to which the rules of private international law in this field must be in compliance with European law.
The book sets out the characteristics and nature of Retention of Title Clauses in the UK and 14 other European countries. ROTs stand at the junction of so many aspects of substantive law, including contract, sale of goods, trusts, personal property security and company charges. This work identifies these concepts as they apply in each Jurisdiction considered. At present there is no work which sets out ROTs as a phenomenon in the Commercial Law of Europe and there is no point of easy reference for anyone working in the field in this regard. An obvious virtue of this work is that it makes the law accessible. Each essay is written by experts in the field within their own Jurisdiction.
The establishment of legal title to goods held by a company in financial difficulties can be of critical importance to creditors and receivers. This practical work examines the various clauses used in practice, looking also at the advantage to the supplier of goods in the includion of such clauses.