Secured Transactions Reform and Access to Credit

Secured Transactions Reform and Access to Credit
Author: Frederique Dahan
Publisher: Edward Elgar Publishing
Total Pages: 295
Release: 2009-01-01
Genre: Law
ISBN: 1848444923

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The book is unique. . . It brings together articles on the economics and the law of property rights, and combines these with case studies, observations of what works and what does not, and a checklist of things to watch for. . . This is a very useful book that should appeal to reformers working in the field, whether they are governmental officials trying to modernize their economies, or economists and lawyers working in developmental agencies. . . There are few other books or publications that bring together the views of experts working in this important, albeit somewhat neglected, are of financial sector plumbing. William P. Armstrong, Banking and Finance Law Review . . . a well-presented collection of interesting papers within which one finds a rich resource of information and perspectives on secured transactions reform from parts of the world which are often overlooked in comparative commercial law scholarship. Noel McGrath, Journal of Business Law . . . with its insightful analysis, interesting empirical studies and knowledgeable team of contributors, the book will be illuminating and useful not just for those interested in development, but also anyone who has anything to do with granting credit and taking security. Dora S. Neo, Singapore Journal of Legal Studies This is an excellent, unique book. The material is very well written and presented in a carefully thought-out, coherent way. It tells us a legal story of our own, unique time. Any lawyer working in transition economies, whether or not directly on reform projects, would find it of great interest. Even economists should perhaps take a look at it! Roger McCormick, Law and Financial Markets Review Secured transactions reform, also known as collateral or pledge law reform, is increasingly seen as an important building block for economic development. The commonly held view is that the availability and cost of credit, as well as the efficiency of the market for secured credit, are directly influenced by the laws affecting secured transactions and their implementation. However, there is still a lot of confusion about this relatively complex and technical area of the law and its role in promoting access to credit and economic growth. The chapters presented here provide, for the first time, a comprehensive and cutting-edge view of the subject from both a legal and economic perspective. They start at the macro level of financial systems, moving towards the behaviours of lenders (commercial banks and micro-lenders), policy options for government and the mechanisms of collateral law reform. By approaching the subject from different angles and experiences, the work advocates an inclusive approach to the subject where all stakeholders interests can be taken into account. It addresses the question of what role laws and institutions can play to encourage access to credit. This book will be of primary interest to those involved in economic development and the interaction between law and economics, either for practical reasons (for example, working on reform or providing advice on investment in transition economies) or for research purposes.

Understanding Secured Transactions

Understanding Secured Transactions
Author: William H. Henning
Publisher:
Total Pages: 0
Release: 2024
Genre: Law
ISBN: 9781531027551

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"The sixth edition of this clear and concise Understanding treatise thoroughly incorporates and explains the 2022 Amendments to the Uniform Commercial Code. These amendments created a new Article 12 governing the holding and transfer of digital assets such as virtual currencies and non-fungible tokens. Significant portions of Article 9, the main subject of the book, were amended to facilitate the use of these assets as collateral for loans and other obligations. In describing these amendments, this edition explains inherently complex topics related to emerging technologies clearly, so that those without a background in technology may readily understand them. The new edition also expands its coverage of existing concepts, providing numerous examples to help the reader apply legal principles to many different types of commercial finance transactions. The chapter on the effects of bankruptcy on secured transactions has been thoroughly revised and expanded and provides the most comprehensive explanation of that topic available anywhere"--

Secured Transactions Law Reform

Secured Transactions Law Reform
Author: Louise Gullifer
Publisher: Bloomsbury Publishing
Total Pages: 600
Release: 2016-10-20
Genre: Law
ISBN: 1509903119

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Secured transactions law has been subjected to a close scrutiny over the last two decades. One of the main reasons for this is the importance of availability of credit and the consequent need to reform collateral laws in order to improve access to finance. The ability to give security effectively influences not only the cost of credit but also, in some cases, whether credit will be available at all. This requires rules that are transparent and readily accessible to non-lawyers as well as rules that recognise the needs of small and medium-sized enterprises. This book critically engages with the challenges posed by inefficient secured credit laws. It offers a comparative analysis of the reasons and the needs for a secured transactions law reform, as well as discussion of the steps taken in many common law, civil law and mixed law jurisdictions. The book, written under the auspices of the Secured Transactions Law Reform Project, informs the debate about reform and advances novel arguments written by world renowned experts that will build upon the existing literature, and as such will be of interest to academics, legal practitioners and the judiciary involved in secured transactions law around the world. The text considers reform initiatives that have taken place up to the end of April 2016. It has not been possible to incorporate events since then into the discussion. However, notable developments include the banks decree passed by the Italian Government on 29th June 2016, and the adoption of the Model Law on Secured Transactions by UNCITRAL on 1st July 2016.

Problems and Cases on Secured Transactions

Problems and Cases on Secured Transactions
Author: James A. Brook
Publisher: Aspen Publishing
Total Pages: 720
Release: 2023-09-15
Genre: Law
ISBN:

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Brook & Rowley’s Problems and Cases on Secured Transactions provides an updated problem-based approach to teaching and learning Article 9 of the Uniform Commercial Code. Using a problem-based approach, Brook & Rowley’s Problems and Cases on Secured Transactions 4th Edition engages students with imaginative scenarios while providing an accessible and manageable approach to personal property secured transactions, without avoiding the intricacies of UCC Article 9 or de-emphasizing its interplay with other UCC articles, selected state non-UCC law, or federal bankruptcy law. Designed for a standalone Secured Transactions course, but adaptable to other configurations, the book presents UCC Article 9 as completely comprehensible, even enjoyable, rather than as arcana that only an insider can be expected to understand. Cases have been thoughtfully selected and edited, and the authors’ textual discussion helps connect the cases to the problems and explores the materials’ practical (and practice-oriented) relevance. A good mix of shorter and longer problems gives each chapter a focused flow while frequently recurring characters and basic fact patterns help to reinforce how the lessons of each chapter build onto the more comprehensive whole mapped out in prior and upcoming chapters. Earlier problems lean more heavily, though not exclusively, on the individual and consumer-borrower situations. As the lessons advance, the mix of materials progressively includes more small-business and large-business transactions. New to the Fourth Edition: New co-author Keith A. Rowley brings a quarter century of experience teaching Secured Transactions, augmented by insights gained over nearly two decades of active involvement in the ABA Business Law Section and during his tenures as a Uniform Law Commissioner and as an elected member of the American Law Institute, in which capacity he actively consulted on the 2010 Amendments to UCC Article 9 and made several contributions to the 2022 UCC Amendments, which span the entire Code. New cases that replace statutorily obsolete or judicially superseded ones included in the prior edition or that augment cases carried over from the prior edition. Extensively edited and judiciously augmented textual materials. Extensively edited and judiciously augmented chapter problems. Corrected, replaced, and supplemented end-of-part multiple-choice review questions. Brief discussion of the 2022 UCC Amendments (which have only been adopted in a handful of states), as they relate to pre-amendment UCC Article 9. Professors and students will benefit from: Simple, straightforward organization of chapters and of material within each chapter that makes it easy to tailor assignments according to differing class credits and to the individual instructor’s coverage preferences. Textual introductions, direction to particular statutory sections and comments, and thoughtfully edited cases designed to focus student attention on the issues at hand. Interesting and engaging problems that encourage the students to prepare answers before class discussion, allowing the student to continually monitor their understanding of the topic being covered. Recurring characters and basic fact patterns help students to more readily bridge from one topic to the next and see the bigger picture of UCC Article 9 and how each chapter contributes to better appreciating that picture. Review Questions (with answers) at the end of each Part of the book that helps students gauge their comprehension of and facility with the material discussed over several chapters and help professors meet new ABA formative assessment requirements.

Research Handbook on Secured Financing in Commercial Transactions

Research Handbook on Secured Financing in Commercial Transactions
Author: Frederique Dahan
Publisher: Edward Elgar Publishing
Total Pages: 531
Release: 2015-06-29
Genre: Law
ISBN: 1781001847

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This cutting-edge Handbook presents an overview of research and thinking in the field of secured financing, examining international standards and best practices of secured transactions law reform and its economic impact. Expert contributors explore the

Problems and Materials on Secured Transactions

Problems and Materials on Secured Transactions
Author: Douglas J. Whaley
Publisher: Aspen Publishing
Total Pages: 464
Release: 2020-09-15
Genre: Law
ISBN: 1543824455

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Brief, clear, and extremely accessible, Problems and Materials on Secured Transactions helps students understand black letter law and the statutory language in the Uniform Commercial Code. Concise yet comprehensive coverage includes the most recent case and statutory developments. A sensible, flexible organization makes it adaptable to many teaching styles. Drawing on experience in both teaching and writing, the authors provide thorough and practical coverage using a popular problems approach with interesting fact patterns. The text’s effective format, manageable length, and inclusion of the most important cases make Problems and Materials on Secured Transactions concise and efficient. New to the Eleventh Edition: New cases, including Clark v. Missouri Lottery; BMW Financial Services, N.A. v. Felice; In re: Motors Liquidation Co.; Dr. Sena Yaddehige v. Xpert Technologies; and Hutzenbiler v. RJC Investment New/expanded Problems Professors and students will benefit from: Effective format—makes black letter law accessible and helps students understand statutory language Sensible organization—adaptable to many teaching styles Thorough and up-to-date—covers the latest changes in (and cases relating to) U.C.C. Article 9, as well as other relevant laws and cases Popular problems approach Intersections between secured transactions and contract law: errors in security agreements, scope of security interest in intellectual property Multiple-choice assessment questions, with analysis, at the end of each chapter Distinguished authorship—draws on experience in both teaching and writing

Secured Transactions

Secured Transactions
Author: Lynn M. LoPucki
Publisher: Aspen Publishing
Total Pages: 736
Release: 2023
Genre: Bankruptcy
ISBN:

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"Cases, materials, and problems for the law school course called Secured Credit, Secured Transactions, or Article 9"--

Secured Transactions Law Reform in Africa

Secured Transactions Law Reform in Africa
Author: Marek Dubovec
Publisher:
Total Pages: 0
Release: 2019
Genre: Law reform
ISBN: 9781509913107

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Introduction -- A Modern Secured Transactions Law -- COMMON LAW -- Ghana -- Kenya -- Liberia -- Malawi -- Nigeria -- Zambia -- Sierra Leone -- CIVIL LAW -- OHADA Uniform Act on Securities -- Burundi -- Ethiopia -- Tunisia -- MIXED JURISDICTIONS -- Rwanda -- South Africa -- Zimbabwe -- A Modern International Approach to Equipment Financing in Africa: -- Th e Cape Town Convention and its Protocols -- Th e Infrastructure Underpinning a Modern Secured Transactions Law -- Conclusion.