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9783899494402

The Future of Secured Credit in Europe

by
  • ISBN13:

    9783899494402

  • ISBN10:

    3899494407

  • Edition: 1st
  • Format: Hardcover
  • Copyright: 2008-07-28
  • Publisher: De Gruyter

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Supplemental Materials

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Summary

This volume containsthe reports and discussions presented at the conference "The Future of Secured Credit in Europe" in Munich from July 12th to July 14th, 2007. It aims at taking the debate to a new stage by exploring the need and possible avenues for creating a European law of security interests. The first part examines ' from an economic and a community law perspective ' the case for European lawmaking on secured credit and the legislative approach to be taken. The intention in the second and third part is to look in more detail at the choices European lawmakers will have to make in devising a European law of secured credit. The second part focuses on secured transactions involving corporeal movables (tangibles), whereas the third part considers categories of collateral that may require special rules.

Table of Contents

The Conceptual and Legal Framework
The Law and Economics Debate About Secured Lending: Lessons for European Lawmaking?p. 3
Commentaryp. 30
Secured Credit and the Internal Market: The Fundamental Freedoms and the EU s Mandate for Legislationp. 36
Commentaryp. 68
Choosing the Right Approach for European Law Makingp. 83
Commentaryp. 102
Building a European Law of Secured Credit: General Issues
Attachment/Creation of a Security Interestp. 113
Commentaryp. 135
Perfection and Priority of Security Rightsp. 143
Commentaryp. 166
"Quiet" Creation of Security Interests or Filingp. 174
The Scope and Limits of Security Interestsp. 180
Commentaryp. 215
Remedies of Secured Creditors outside Insolvencyp. 223
Commentaryp. 242
The Position of Secured Creditors in Insolvencyp. 248
Secured Creditors in Insolvency Proceedingsp. 273
Conflict-of-Laws Rules for Security Rights: What Should Be the Best Rules?p. 284
Conflict-of-Laws Rules for Security Rights in Tangible Assets in the European Unionp. 297
Building a European Law of Secured Credit: Sector Specific Issues
Security Interests in Receivablesp. 321
Security Interests in Receivables - A European Perspectivep. 336
Security Interests in Financial Instrumentsp. 350
Commentaryp. 364
Concluding Remarks
The Future of Secured Credit in Europep. 375
Table of Contents provided by Blackwell. All Rights Reserved.

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