The law of personal property security

著者

書誌事項

The law of personal property security

Hugh Beale ... [et al.]

Oxford University Press, 2007

大学図書館所蔵 件 / 全10件

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

This exciting new book provides an authoritative text on the complex law concerning personal property security and the registration of company charges. Personal property security is an important subject in commercial practice, as it is the key to much of the law of banking and sale. This new work explains traditional methods of securing debts (such as mortgages, charges and pledges) on property other than land, describing how these are created, when they must be registered (or otherwise 'perfected') if they are to be valid, the rights and duties of the parties and how the security is enforced if the debt is not paid. In addition the book covers the law governing other transactions that perform a similar economic function (such as finance leases, retention of title clauses and sales of a company's book debts and other rights involving the transfer or retention of title). These are not currently treated by the law as security and are therefore subject to different rules on perfection, priority and enforcement. The authors identify areas of uncertainty and give guidance to possible resolutions of any uncertainties using case law including authorities from Commonwealth jurisdictions (Canada, Australia and New Zealand) to illustrate points made. The work explains how 'priority' disputes between competing interests over the same property are resolved.

目次

  • 1. Introduction
  • PART I: DESCRIPTION OF INTERESTS
  • 2. Introduction
  • 3. Possessory security
  • 4. Non-possessory security
  • 5. Financing devices involving the transfer or retention of title
  • 6. Rights not including the transfer or retention of title
  • PART II: REGISTRATION AND OTHER MODES OF PERFECTION
  • 7. Perfection
  • 8. Interests created by companies
  • 9. Interests created by debtors who are not companies
  • 10. Perfection of security interests over financial collateral
  • PART III: PRIORITIES
  • 11. Introduction
  • 12. General priority rule: nemo dat (first in time to be created wins)
  • 13. Exceptions to the nemo dat rule
  • 14. Priority between consensual and non-consensual security interests
  • 15. Other priority issues
  • PART IV: RIGHTS AND DUTIES BEFORE AND ON ENFORCEMENT
  • 16. Rights and duties of parties before enforcement
  • 17. Enforcement of true security interests
  • 18. Enforcement of financial devices involving the transfer or retention of title
  • 19. Enforcement of rights not including the transfer of title
  • PART V: CONFLICT OF LAWS
  • 20. Conflict of Laws
  • PART VI: CRITICISM AND REFORM PROPOSALS
  • 21. Criticism and Reform Proposals

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