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Vol 21 No 10 Oct/Nov 2016

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Secured Lending in Eastern Europe: Comparative Law of Security and the EBRD Model


ISBN13: 9780198260134
Published: March 2007
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £177.50



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This new work is the first comparative study of central and eastern European secured transactions laws to be written in English. It gives a valuable insight into the legal reforms taking place in the transition economies of central and eastern Europe (and elsewhere), explaining the general mechanics of secured transactions laws in a helpful and practical way.

The book will explore the characteristics that make security law useful from a practical point of view, the purpose being not merely to describe existing rules on security but to concentrate on the question of how those rules can apply in practice. The author concentrates on seven central and eastern European secured transactions laws in Bulgaria, the Czech Republic, Hungary, Poland, Romania, the Russian Federation and the Slovak Republic. These laws are contrasted with the EBRD's Model Law on Secured Transactions and the EBRD's Core Principles for a Modern Secured Transactions Law. In addition, English, German and US law (which, among others, influenced the EBRD's work) are used as further reference sources.

  • The first comparative study of central and eastern European secured transactions laws in English
  • Reflection on the fundamentals of security law and the practical implications of secured transactions enables a better understanding of this important area of law
  • An essential guide for anyone dealing with investments and financing in central and eastern Europe, either directly or in an advisory role
  • Includes comparative coverage of US, western and eastern European security laws, offering broad yet detailed treatment of the subject
  • Written by an expert directly involved in the drafting of the Model Law on Secured Transactions prepared by the European Bank for Reconstruction and Development (EBRD)

Subjects:
Commercial Law, European Jurisdictions, Banking and Finance
Contents:
Part I: Approaching the Subject
1. Central and Eastern Europe and the Reform of Secured Transactions Laws
2. The Practical Need for Security and the Economics of Security
3. An Approach to Law Reform
4. The Role of Comparative Law and Law Reform
Part II: Reference Systems of Secured Transactions Laws
5. Scope of the analysis and fundamental issues of secured transactions law
6. Legal Models of Secured Transactions Law in Western Countries
7. The EBRD Model Law on Secured Transactions
8. The EBRD Core Principles for a Modern Security Law
9. Central and Eastern European Security Laws
Part III: Principles of Secured Transactions Laws
10. General Principles of Security Law
11. The Secured Debt
12. Charged Property
13. Person Giving and Person Taking Security
14. Creation of Security Interests
15. Publicity
16. Rights and Obligations of the Person Giving Security and the Person Taking Security Inter Se Prior to Enforcement
17. Effects on Third Parties
18. Enforcement of Security Interests
19. Security in Insolvency
20. Termination of Security Interests
21. Registration of Security
22. Conclusion
Appendices
App 1: Text of the Model Law on Secured Transactions prepared by the European Bank for Reconstruction and Development (1994)
App 2: Core principles for a secured transactions law prepared by the European Bank for Reconstruction and Development (1997)