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Vol 21 No 10 Oct/Nov 2016

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Criminal Injuries Compensation Claims

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
The Law of Security and Title-Based Finance 2nd ed isbn 9780199608720

Law of Personal Property Security


ISBN13: 9780199283293
New Edition ISBN: 9780199608720
Published: March 2007
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print



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

Subjects:
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 ;