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Borderlines in Private Law

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Security Rights in Movable Property in European Private Law

Edited by: Eva-Maria Kieninger

ISBN13: 9780521839679
ISBN: 052183967X
Published: February 2006
Publisher: Cambridge University Press
Format: Hardback
Price: £162.00
Paperback edition , ISBN13 9780521104142



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For every transnational lawyer, it is vital to know the differences among national secured transactions law. Since the applicable law is determined by the place where the collateral is situated, it may change when movables are brought from one state to another. Introductory chapters from comparative lawyers set the scene for this topic.

The book presents a survey of the law relating to secured transactions in all member states of the European Union. Following the Common Core Approach the national reports are centered around 15 hypotheticals dealing with the most important issues of secured transactions law such as the creation of security rights in different business situations, the relationship between debtor and secured creditor, the nature of the creditor's rights and their enforcement as against third parties.

Each case is followed by a comparative summary. A general report evaluates the possibilities of European harmonisation in the field of secured transactions.

Subjects:
Commercial Law, EU Law
Contents:
General editors' preface; Preface; List of contributors; Table of cases cited by name; Table of legislation
Part I. Introduction and Context: List of abbreviations; 1. Introduction: security rights in moveable property within the common market and the approach of the study Eva-Maria Kieninger; 2. A labyrinth of creditors: a short introduction to the history of security interests in goods Willem J. Zwalve; 3. Security in movables in the United States - uniform commercial code article 9: a basis for comparison Harry C. Sigman; 4. The English law of security: creditor-friendly but unreformed Michael Bridge; 5. The European bank for reconstruction and development's secured transactions project: a model law and ten core principles for a modern secured transactions law in countries of central and eastern Europe (and elsewhere) Frederique Dahan and John Simpson
Part II. The Case Studies; List of abbreviations; Bibliographies; Glossary; Case 1: furniture for a new office; Case 2L the deceived seller; Case 3: machinery supplied to be used by the buyer; Case 4: jackets for resale; Case 5: motor cars supplied and resold (I); Case 6: motor cars supplied and resold (II); Case 7: supply of material to manufacturer (I); Case 8: supply of material to manufacturer (II); Case 9: too many toasters; Case 10: bank loan on the basis of a car fleet; Case 11: bank loan for a wholesaler; Case 12: bank loan on the basis of money claims (I); Case 13: bank loan on the basis of money claims (II); Case 14: finance leasing of computers; Case 15: indebted businessman sells business to brother; Evaluation: a common core? Convergences, subsisting differences and possible ways for harmonisation Eva-Maria Kieninger; Index by country; Index by subject.

Series: The Common Core of European Private Law

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Boundaries of Information Property ISBN 9781839702303
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The Acquisition of Immovables Through Long-Term Use ISBN 9781839701658
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Immoral Contracts in Europe ISBN 9781839700101
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Transfer of Immovables in European Private Law ISBN 9781108717021
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Causation in European Tort Law ISBN 9781108418362
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Causation in European Tort Law (eBook) ISBN 9781108304870
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Transfer of Immovables in European Private Law (eBook) ISBN 9781316947074
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Transfer of Immovables in European Private Law ISBN 9781107187092
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The Protection of Immovables in European Legal Systems ISBN 9781107121928
Published September 2015
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£125.00
The Recovery of Non-Pecuniary Loss in European Contract Law ISBN 9781107098626
Published June 2015
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£133.00
European Condominium Law ISBN 9781107093898
Published February 2015
Cambridge University Press
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Unexpected Circumstances in European Contract Law ISBN 9781107416871
Published June 2014
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£46.99
Time Limited Interests in Land ISBN 9781107026124
Published June 2012
Cambridge University Press
£69.99
Unexpected Circumstances in European Contract Law ISBN 9781107003408
Published March 2011
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£173.00
Precontractual Liability in European Private Law ISBN 9780521183949
Published January 2011
Cambridge University Press
£41.99
The Enforcement of Competition Law in Europe ISBN 9780521181563
Published December 2010
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£46.99
Pure Economic Loss in Europe ISBN 9780521180054
Published November 2010
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£45.99
Personality Rights in European Tort Law ISBN 9780521194914
Published April 2010
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£147.00
The Enforceability of Promises in European Contract Law
Edited by: James Gordley
ISBN 9780521108683
Published December 2009
Cambridge University Press
£41.99
Commercial Trusts in European Private Law ISBN 9780521115605
Published July 2009
Cambridge University Press
£46.99
Security Rights in Movable Property in European Private Law ISBN 9780521104142
Published March 2009
Cambridge University Press
£51.99
Precontractual Liability in European Private Law ISBN 9780521516013
Published January 2009
Cambridge University Press
£125.00
Good Faith in European Contract Law ISBN 9780521088039
Published August 2008
Cambridge University Press
£45.99
Environmental Liability and Ecological Damage In European Law ISBN 9780521889971
Published June 2008
Cambridge University Press
£155.00
The Enforcement of Competition Law in Europe ISBN 9780521881104
Published August 2007
Cambridge University Press
£145.00
Commercial Trusts in European Private Law ISBN 9780521849197
Published October 2005
Cambridge University Press
£156.00
Mistake, Fraud and Duties to Inform in European Contract Law ISBN 9780521093101
Published January 2005
Cambridge University Press
£54.99
Mistake, Fraud and Duties to Inform in European Contract Law ISBN 9780521844239
Published January 2005
Cambridge University Press
£124.00
Pure Economic Loss in Europe ISBN 9780521824644
Published July 2003
Cambridge University Press
£152.00
The Enforceability of Promises in European Contract Law
ISBN 9780521790215
Published December 2001
Cambridge University Press
£140.00
Good Faith in European Contract Law ISBN 9780521771900
Published August 2000
Cambridge University Press
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