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Secured Transactions Law in Asia

Principles, Perspectives and Reform

Editor(s): Louise Gullifer, Dora Neo
Media of Secured Transactions Law in Asia
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Published: 14-01-2021
Format: PDF eBook (?)
Edition: 1st
Extent: 608
ISBN: 9781509926503
Imprint: Hart Publishing
RRP: £108.00
Online price : £86.40
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About Secured Transactions Law in Asia

This collection of essays offers a unique insight and overview of the secured transactions law in many of the most important countries in Asia, as well as reflections on the need for, benefits of and challenges for reform in this area of the law.

The book provides a mixture of general reflections on the history, successes and challenges of secured transaction law reform, and critical discussion of the law in a number of Asian countries. In some of the countries, the law has already been reformed, or reform is under way, and here the reforms are considered critically, with recommendations for future work. In other countries, the law is not yet reformed, and the existing law is analysed so as to determine what reform is desirable, and whether it is likely to take place.

First, this book will enable those engaging with the law in Asia to understand better the contours of the law in both civil and common law jurisdictions. Second, it provides analytical insights into why secured transactions law reform happens or does not happen, the different methods by which reform takes place, the benefits of reform and the difficulties that need to be overcome for successful reform. Third, it discusses the need for reform where none has yet taken place and critically assesses the reforms which have already been enacted or are being considered. In addition to providing a forum for discussion in relation to the countries in question, this book is also a timely contribution to the wider debate on secured transactions law reform which is taking place around the world.

Table Of Contents

Interim Table of Contents
1. Introduction

Louise Gullifer and Dora Neo

PART I: GENERAL

2. Lost in Transplantation? Modern Principles of Secured Transactions Law as Legal Transplants
Charles W Mooney, Jr

3. Personal Property Securities Law Reform in Developed Jurisdictions
Anthony Duggan

4 Secured Transactions Law Reform in Asia and Access to Finance: What can the UNCITRAL Model Law on Secured Transactions offer?
N Orkun Akseli

5. The connection between secured transactions and insolvency in modern and unreformed insolvency regimes
Ignacio Tirado

6 Secured Transactions Reform in East Asia: Progress and Challenges
Elaine Maceachern

PART II: CIVIL LAW JURISDICTIONS

7. Secured Transactions Law Reform in Civil Law Jurisdictions: Challenging Tradition, Facing Reality, and Embracing Modernity
Teresa Rodríguez de las Heras Ballell

8. The Law of Secured Transactions in China: Comparison and Future Reform
Lebing Wang

9. Secured Transactions Law Reform in Indonesia: Fiducia, At A Crossroads
Ibrahim Assegaf and Aria Suyudi

10. Navigating the Patchwork of Secured Transactions Rules in Japan: Towards a Framework Conducive to Asset Based Lending
Megumi Hara

11. Banking the Unbanked: An Examination of the Personal Property Security Act of the Philippines
Anthony Amunategui Abad, David Kintanar Rosario III and Griselda (Gay) Santos

12. Korea: The Coexistence of Old and New Secured Transactions Law Regimes
Youngjoon Kwon

13. Law Reform on the Secured Transactions Regime in Taiwan: Modernization, Controversies, and Prospects
Andrew Jen-Guang Lin

14. Implementation of International Standards on Secured Transactions into the Thai Legal System: Possibilities and Proposals
Parawee Kasitinon

15. Secured Transactions Reform in Vietnam: Prominent Achievements, Experiences, and Lessons Learnt
Huyen Pham

PART III: COMMON LAW JURISDICTIONS

16. Secured Transactions Law Reform in Common Law Jurisdictions (Brunei Darussalam as Example)
Louise Gullifer

17. Bangladesh Secured Transactions Framework: Moving Towards a Reform
Marek Dubovec and Junayed Chowdhury

18. Secured Transactions Law in India: Suggestions for Reforms
MR Umarji

19. Pakistan's Reform of Secured Transactions Law: Challenges and the Road Ahead
Marek Dubovec and Zahra Abid

20. Secured Transactions Law in Singapore: Living with Untidiness
Dora Neo

21. Conclusion
Louise Gullifer

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