Subjects:

Property Law, Commercial Law

Contents:

1. Introduction

PART I: DESCRIPTION OF INTERESTS

2. Introduction

3. Possessory security

4. Non-possessory security

5. Financing devices involving the transfer or retention of title

6. Rights not including the transfer or retention of title

PART II: REGISTRATION AND OTHER MODES OF PERFECTION

7. Perfection

8. Interests created by companies

9. Interests created by debtors who are not companies

10. Perfection of security interests over financial collateral

PART III: PRIORITIES

11. Introduction

12. General priority rule: nemo dat (first in time to be created wins)

13. Exceptions to the nemo dat rule

14. Priority between consensual and non-consensual security interests

15. Other priority issues

PART IV: RIGHTS AND DUTIES BEFORE AND ON ENFORCEMENT

16. Rights and duties of parties before enforcement

17. Enforcement of true security interests

18. Enforcement of financial devices involving the transfer or retention of title

19. Enforcement of rights not including the transfer of title

PART V: CONFLICT OF LAWS

20. Conflict of Laws PART VI: CRITICISM AND REFORM PROPOSALS 21. Criticism and Reform Proposals

This exciting new book provides an authoritative text on the complex law concerning personal property security and the registration of company charges. Personal property security is an important subject in commercial practice, as it is the key to much of the law of banking and sale. This new work explains traditional methods of securing debts (such as mortgages, charges and pledges) on property other than land, describing how these are created, when they must be registered (or otherwise 'perfected') if they are to be valid, the rights and duties of the parties and how the security is enforced if the debt is not paid.

In addition the book covers the law governing other transactions that perform a similar economic function (such as finance leases, retention of title clauses and sales of a company's book debts and other rights involving the transfer or retention of title). These are not currently treated by the law as security and are therefore subject to different rules on perfection, priority and enforcement.

The authors identify areas of uncertainty and give guidance to possible resolutions of any uncertainties using case law including authorities from Commonwealth jurisdictions (Canada, Australia and New Zealand) to illustrate points made. The work explains how 'priority' disputes between competing interests over the same property are resolved.

• Written by a team of leading individuals, providing a work of the highest calibre
• Fills a gap for an authoritative work on the law of personal property security
• Draws together all of the law on this complex area and offers guidance in the context of commercial practice
• Draws on Commonwealth case law where relevant to clarify problem areas where UK law is unclear
• Practical orientation combined with academic analysis makes this work useful for the busy transaction lawyer
• Clear exposition helps in understanding complex transactions and rules