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Implementing the Cape Town Convention and the Domestic Laws on Secured Transactions

Edited by: Souichirou Kozuka

ISBN13: 9783319464688
Published: February 2017
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £129.99



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This book offers the analysis of the relationship between the Cape Town Convention and national laws on secured transactions. The first part of the book considers why national implementation is so important in the case of the Cape Town Convention and identifies how innovative the Convention is as a uniform law instrument. The second part includes chapters on those states that are Parties to the Cape Town Convention, which analyse how the Convention is implemented under the domestic law. The third part includes chapters on those states that are not Parties to the Convention, which compare their national laws and the Convention to find unique features of the Cape Town Convention's rules. The fourth part discusses the meaning of Protocols on aircraft, railway rolling stock and space assets from the practitioner's point of view. As a whole, the book offers insights into the new stage of uniform private law and shows the need for further examination of the subject, which will be essential for international and national legislators, academics of comparative and international private law as well as practitioners who are the users of the uniform law regime.

Subjects:
Banking and Finance
Contents:
Foreword
Roy Goode
About the Authors

Part I Introduction,- About This Book
Souichirou Kozuka
Implementation of the Cape Town Convention into and its relationship with National Law
Jeffrey Wool

Part II General Report
2. The Cape Town Convention and its implementation in domestic law: General report
Souichirou Kozuka

Part III National Reports
A. Parties to the Cape Town Convention
3. Les suretes sur des aeronefs en droit canadien, la Convention relative aux garanties internationales portant sur des materiels d'equipement mobiles et son Protocole aeronautique
Frederique Sabourin
4. The law of England and Wales on secured transactions as compared with the Cape Town Convention
George Leloudas
5. Indonesia's Report: The Implementation of The Cape Town Convention 2001
Prita Amalia
6. Implementation of the Cape Town Convention in Malaysia
Mary George and Vince See
7. The Cape Town Convention on International Interests in Mobile Equipment and its implementation in the Netherlands and on the Dutch Caribbean Islands
Sjef van Erp
8. Russian legislation and Cape Town Convention
Nataliya Doronina
9. The Cape Town Convention and its Implementation in South African Air Law
Phetole Sekhula
10. The Cape Town Convention and its Implementation in Spanish Law
Teresa Rodriguez de las Heras Ballell
11. United States of America: Reconsidering the Transaction Document Filing Requirement for National Registry
Charles W. Mooney, Jr.
B. Non State Parties to the Cape Town Convention
12. Finnish Mortgage System for Means of Transport: Outdated and Overly Complex?
Teemu Juutilainen
13. La Convention du Cap et sa reconnaissance en droit francais
Philippe Delebecque
14. Security interests in mobile equipment under German law - Some notes on the similarities and differences in relation to the Cape Town regime
Benjamin von Bodungen
15. The Greek Law on Security interests burdening transport vehicles as compared with the Cape Town Convention
Elina N. Moustaira
16. The Cape Town Convention and Italian Law on Secured Transactions
Anna Veneziano
17. The Security interest in transport vehicles in Japan
Haruna Fujisawa
18. The Cape Town Convention and Polish law on security interests
Maria Dragun-Gertner, Zuzanna Peplowska-Dabrowska and Jacek Krzeminski
19. Security interests in transport vehicles: The Cape Town Convention and Portuguese law
Maria Helena Brito
20. Rapport suisse sur le theme " Les suretes grevant les moyens de transport - La Convention du Cap et sa transposition en droit national "
Benedict Foex

Part IV Comments from the Practice
21. Analysing the Effects of the Cape Town Convention on Four Selected Issues That Hinder the International Financing and Leasing of Aircraft and Engines
Patrick Honnebier
22. The Luxembourg rail protocol to the Cape Town convention: Some Practical Differences from the Aviation Protocol
Howard Rosen
23. Entering into force: Promoting Unidroit's Space Protocol among emerging space actors
Daniel A. Porras
Appendix: Questionnaire for national reporters.