Emerging Financial Markets and Secured Transactions

by Norton, Joseph Jude; Andens, Mads Tnnesson; Southern Methodist University School of Law

• ISBN13: 9789041106759
• ISBN10: 9041106758
• Format: Hardcover
• Copyright: 1998-04-01
• Publisher: Kluwer Law Intl

Summary

Most medium and long-term loans are no longer secured by sovereign or governmental guarantees. As a result, lenders must seek security elsewhere. An investor-friendly climate requires a sound legal framework for lenders to effect and enforce secured transactions. This work collects papers from experts in the field on various aspects of cross-border secured transactions, An issue of increasing import in the development of emerging financial markets and transitional market economies. Topics of particular focus include: The ERBD model on secured transactions the UNCITRAL Draft Convention on Assignment in Receivables Financing the pending UNIDROIT model. The editors provide an invaluable service in bringing together in a single resource those texts which make a significant contribution To The development of scholarship in this area. The work emphasises the importance of the development of a modern framework for secured transactions. Academics and practitioners will appreciate the expert contributions and multi-disciplinary approach.

Table of Contents

List of Contributors
Series Editor's Preface
Foreword
The Changing Nature of Security Rights	p. 1
A Comparative Introduction to Security over Movables and Intangibles	p. 5
Economic Functions of Security in a Market Economy	p. 15
World-Wide Security - Classification of Legal Jurisdictions	p. 39
Classifications of Security Interests on the Highways of International Commerce	p. 49
The Conditional Sale is Alive and Well!	p. 83
General Principles of a Modern Secured Transactions Law	p. 143
A Functional Analysis of the EBRD Model Law on Secured Transactions	p. 157
The Model Law on Secured Transactions of the EBRD from a German Point of View	p. 175
The EBRD Model Law and the Hungarian Law	p. 197
UNCITRAL's Work in the Field of Secured Transactions	p. 211
Credit Security and Debt Recovery: Law's Role in Reform in Asia and the Pacific	p. 219
Difficulties in Obtaining Secured Lending in Latin America: Why Law Reform Really Matters	p. 251
Selected Security Interests in the United States	p. 267
Mixed Systems: Scotland	p. 279
Security Issues under Russian Law	p. 293
Secured Financing Issues for International Lenders: Bridging the Gap Between the Civil and Common Law through Asset-backed Securitisation - Lessons From and Respecting Argentina and Mexico	p. 307
The Japanese Approach	p. 327
Enforcing Security in India, Sri Lanka and Malaysia	p. 339
Overview of Laws Relating to Security Interests in Vietnam	p. 383
China's New Security Law: A Closer Look	p. 405
A Legal System for Secured Transactions in Market Economies in Transition	p. 439
Draft Convention on Assignment in Receivables Financing	p. 509
Revised Draft Articles of a Future UNIDROIT Convention on International Interests in Mobile Equipment	p. 523
Index	p. 539
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