By Eva-Maria Kieninger, Harry C. Sigman
As cross-border exchange and cross-border financing proceed to extend, and whereas safeguard rights over tangible estate are ruled by way of the legislations of where the place the transportable is positioned, comparative wisdom of nationwide secured transactions legislation is important for everybody utilizing safety rights over tangibles in a cross-border context. This ebook offers an in-depth exam of the main matters that come up while defense rights are created, perfected, and enforced in several ecu international locations. Authored through specialists on German, English, Dutch, French, Belgian, Italian, and Spanish legislations, the nationwide stories use useful instances and spotlight alterations and similarities. a different concentration is put on the best way nationwide courts take care of protection pursuits created in different places. A complete introductory bankruptcy analyzes major secured transactions concerns, summarizes the comparative facts and compares them with Article nine of the Uniform advertisement Code (U.S.) and indicates guiding rules for a eu harmonization degree or nationwide reform efforts. The booklet will help industry individuals and their guidance to higher comprehend secured transactions legislation and correct inner most foreign legislations ideas in their personal and different nations, and should support these concerned about nationwide, ecu, and international legislation reform efforts.Ëœ
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Extra resources for Cross-Border Security over Tangibles
The leasehold right may be subjected to a security interest under UCC Article 9, despite the fact that the debtor is not the owner of the equipment. Further, if the debtor holds and uses an item of equipment pursuant to either a conditional sale contract (title retention) or a financial lease, both of which are treated under UCC Article 9 as security agreements, the debtor may further encumber the equipment by granting subsequent security interests (with priority among these persons normally being awarded to the one that filed first).
Compare the description requirement under UCC Article 9, discussed in part IV, infra. , as a form of “real” subrogation), although some of the jurisdictions provide a limited form of this device, with respect to insurance proceeds that replace a destroyed asset (and in Belgium, a claim arising out of a subsale falls under this concept). Then the reports discuss the post-default remedies available to the secured creditor under each of the devices (judicial, nonjudicial and a right of appropriation or attribution (qualified or absolute)).
The most speedy and effective remedial schemes seem to be found in England (particularly in the form of the receiver), Germany, Belgium, and the Netherlands, and all countries appear to permit a debtor, after default, to agree with the secured creditor on a disposition procedure. Although France maintains in principle the requirement of judicial involvement, the recent Civil Code amendments appear to have largely abandoned the notion that no man can make his own justice by rendering effective an agreement by the debtor, made at the outset of the transaction, that the creditor may appropriate the collateral based on an appraisal by an agreed expert (although the French continue to be unwilling to trust the marketplace by permitting a nonjudicial disposition sale by the secured party).