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Floating Charges in Scotland: New Perspectives and Current Issues

Edited by: Jonathan Hardman, Alisdair MacPherson

ISBN13: 9781474458726

Published: May 2022

Publisher: Edinburgh University Press

Country of Publication: Scotland

Format: Hardback

Price: £95.00

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Paperback edition , ISBN13 9781399530170

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9781474458740

£29.99

Leading experts cover history, current law, practice and reform to provide the definitive text on floating charges

Examines floating charges from a wide range of different perspectives, including doctrinal, policy-focused, theoretical and comparative approaches
Contributions from Ross G. Anderson, Jennifer L. L. Gant, George L. Gretton, Jonathan Hardman, Alisdair D. J. MacPherson, Donna McKenzie Skene, Magda Raczynska and Andrew J. M. Steven
Includes a foreword by Lord Drummond Young

The floating charge is vital to secured transactions in Scotland and plays a key role in access to finance and corporate insolvency. Leading experts at the forefront of the topic deliver wide-ranging coverage of the history, theory, practice and potential reform of Scotland's floating charge. They examine floating charges from diverse approaches including ‘black letter’, socio-legal, law and economics, and comparative perspectives.

Subjects:: Scots Law

Contents:: Foreword; Lord Drummond Young; Editors’ Preface and Acknowledgments; Jonathan Hardman & Alisdair D.J. MacPherson; Part I: The History of Floating Charges; 1. The ‘Pre-History’ of Floating Charges in Scots Law; Alisdair D. J. MacPherson; 2. Borrowing on the Undertaking: Scottish Statutory Companies; Ross G Anderson; 3. The Genesis of the Scottish Floating Charge; Alisdair D.J. MacPherson; 4. The Story of the Scots Law Floating Charge: 1961 to Date; George L. Gretton; Part II: Theoretical, Comparative and Policy Perspectives; 5. Law and Economics of the Floating Charge; Jonathan Hardman; 6. Floating Charges and Moral Hazard: Finding Fairness for Involuntary and Vulnerable Stakeholders; Jennifer L. L. Gant; 7. Hohfeld and the Scots Law Floating Charge; Jonathan Hardman; 8. The Species and Structure(s) of the Floating Charge: The English Law Perspective on the Scottish Floating Charge; Magda Raczynska; Part III: Practice, Doctrine and the Future; 9. The Ranking of Floating Charges; Jonathan Hardman and Alisdair D.J. MacPherson; 10. The Floating Charge and Insolvency Law; Donna McKenzie Skene; 11. The Empirical Importance of the Floating Charge in Scotland; Jonathan Hardman and Alisdair D.J. MacPherson; 12. Reform of the Scottish Floating Charge; Andrew J.M. Steven; Index