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Secured Transactions Law in Asia: Principles, Perspectives and Reform

Edited by: Louiose Gullifer, Dora Neo

ISBN13: 9781509926497
Published: March 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £120.00
Paperback edition not yet published, ISBN13 9781509946631

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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.

Other Jurisdictions , Banking and Finance, Asia
1. Introduction
Louise Gullifer and Dora Neo
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
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
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