Subjects:

Commercial Law, EU Law

Contents:

General editors' preface

Preface

List of contributors

Table of cases cited by name

Table of legislation

Part I. Introduction and Context: List of abbreviations

1. Introduction: security rights in moveable property within the common market and the approach of the study Eva-Maria Kieninger

2. A labyrinth of creditors: a short introduction to the history of security interests in goods Willem J. Zwalve

3. Security in movables in the United States - uniform commercial code article 9: a basis for comparison Harry C. Sigman

4. The English law of security: creditor-friendly but unreformed Michael Bridge

5. The European bank for reconstruction and development's secured transactions project: a model law and ten core principles for a modern secured transactions law in countries of central and eastern Europe (and elsewhere) Frederique Dahan and John Simpson

Part II. The Case Studies

List of abbreviations

Bibliographies

Glossary

Case 1: furniture for a new office

Case 2L the deceived seller

Case 3: machinery supplied to be used by the buyer

Case 4: jackets for resale

Case 5: motor cars supplied and resold (I)

Case 6: motor cars supplied and resold (II)

Case 7: supply of material to manufacturer (I)

Case 8: supply of material to manufacturer (II)

Case 9: too many toasters

Case 10: bank loan on the basis of a car fleet

Case 11: bank loan for a wholesaler

Case 12: bank loan on the basis of money claims (I)

Case 13: bank loan on the basis of money claims (II)

Case 14: finance leasing of computers

Case 15: indebted businessman sells business to brother

Evaluation: a common core? Convergences, subsisting differences and possible ways for harmonisation Eva-Maria Kieninger

Index by country

Index by subject.

For every transnational lawyer, it is vital to know the differences among national secured transactions law. Since the applicable law is determined by the place where the collateral is situated, it may change when movables are brought from one state to another. Introductory chapters from comparative lawyers set the scene for this topic.

The book presents a survey of the law relating to secured transactions in all member states of the European Union. Following the Common Core Approach the national reports are centered around 15 hypotheticals dealing with the most important issues of secured transactions law such as the creation of security rights in different business situations, the relationship between debtor and secured creditor, the nature of the creditor's rights and their enforcement as against third parties.

Each case is followed by a comparative summary. A general report evaluates the possibilities of European harmonisation in the field of secured transactions.