By Eva-Maria Kieninger, Harry C. Sigman
As cross-border exchange and cross-border financing proceed to extend, and whereas safeguard rights over tangible estate are ruled through the legislation of where the place the portable is located, comparative wisdom of nationwide secured transactions legislations is essential for everybody utilizing safeguard rights over tangibles in a cross-border context. This e-book offers an in-depth exam of the main matters that come up whilst safeguard rights are created, perfected, and enforced in numerous eu nations. Authored through specialists on German, English, Dutch, French, Belgian, Italian, and Spanish legislations, the nationwide stories use sensible circumstances and spotlight ameliorations and similarities. a distinct concentration is put on the best way nationwide courts care for defense pursuits created somewhere else. A accomplished introductory bankruptcy analyzes major secured transactions matters, summarizes the comparative facts and compares them with Article nine of the Uniform advertisement Code (U.S.) and indicates guiding rules for a eu harmonization degree or nationwide reform efforts. The booklet will help marketplace members and their information to raised comprehend secured transactions legislations and correct deepest overseas legislation ideas in their personal and different international locations, and may support these taken with nationwide, ecu, and international legislations reform efforts.Ëœ
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Extra info for Cross-Border Security over Tangibles
In England, the general rule is nemo dat quod non habet, in principle leaving the subsequent buyer unprotected, but this rule is impinged on by way of several specific statutory provisions. In the finanUCC Article 9, only a buyer meeting the statutory standard in the prescribed situation would be protected, while in the countries studied, there is no such precise limitation and, consequently, less certainty, as the courts have wider space within which they might allow loss of the collateral. This is of greater significance in the context of non-inventory collateral.
None of these devices, being in the form of rights retained by the asset supplier rather than charges granted by the acquirer, need be registered. In many of the regimes, the security devices are available only for the benefit of certain classes of creditors and/or may be created only by certain classes of debtors. England is the most extreme example of difference in regimes depending on whether the debtor is an individual or a company. In particular, floating charges are not granted by individuals and the charge registry is at Companies House.
This minimizes the need for ex post judicial fact-sensitive determinations and provides the greatest possible ex ante certainty to the actors. It also benefits from the rules having been made by the legislator, institutionally far better equipped to make such rules and able to draw definitive and arbitrary lines rather than being confined to the announcement of general principles. Introduction 11 The various national approaches to enforcement of security rights are discussed in the context of Case Study 1.