Your Basket is currently empty

Your Bookshelf is empty!

Your Basket is currently empty


Banner

Secured Credit in Europe

From Conflicts to Compatibility

By: Teemu Juutilainen
Media of Secured Credit in Europe
See larger image
Published: 22-03-2018
Format: Hardback
Edition: 1st
Extent: 360
ISBN: 9781509910069
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £85.00
 

: UK Delivery 5-7 working days

This book is also available in other formats: View formats

Delivery & Returns

Tell others about this book

Loren Epson

About Secured Credit in Europe

This monograph seeks the optimal way to promote compatibility between systems of proprietary security rights in Europe, focusing on security rights over tangible movables and receivables. Based on comparative research, it proposes how best to tackle cross-border problems impeding trade and finance, notably uncertainty of enforceability and unexpected loss of security rights. It offers an extensive analysis of the academic literature of more recent years that has appeared in English, German, the Scandinavian languages and Finnish. The author organises the concrete means of promoting compatibility into a centralised substantive approach, a centralised conflicts-approach, a local conflicts-approach and a local substantive approach. The centralised approaches develop EU law, and the local approaches Member State laws. The substantive approaches unify or harmonise substantive law, while the conflicts approaches rely on private international law. The author proposes determining the optimal way to promote compatibility by objective-based division of labour between the four approaches. The objectives developed for that purpose are derived from the economic functions of security rights, the conditions for legal evolution and a transnational conception of justice.

This book is an important contribution to the future of secured transactions law in Europe and more widely. It will be of interest to academics, policymakers and legal practitioners involved in this field.

Table Of Contents

Introduction
I. Overview
II. Security Rights as Relational Legal Positions
III. Incompatibility: Cross-border Problems in Trade and Finance
IV. The Quest for Compatibility

1. Options: The Variety of Means to Promote Compatibility
I. Introduction
II. Thesis: The Centralised Substantive Approach
III. Antithesis: Gentler Approaches
IV. Search for Synthesis: The Integrated Approach
V. Conclusion

2. Objectives: The Essence of Desirable Development towards Greater Compatibility
I. Introduction
II. Epistemic Issues: Criteria for Choosing Objectives
III. The Objective of Foreseeability
IV. The Objective of Responsiveness
V. The Objective of Dividing Unforeseeability Costs
VI. Interrelations between Objectives
VII. Conclusion

3. Choices: Options Reviewed in the Light of Objectives
I. Introduction
II. The Centralised Substantive Approach
III. The Centralised Conflicts-Approach
IV. The Local Conflicts-Approach
V. The Local Substantive Approach
VI. Conclusion

Please follow link on right side of page to see full table of contents.

Bookmark and Share
Close