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Vol 22 No 4 April/May 2017

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Emerging Financial Markets and Secured Transactions

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ISBN13: 9789041106759
ISBN: 9041106758
Published: July 1998
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £318.00

This volume is comprised of a collection of papers dealing with various aspects of cross-border secured transactions, an important issue in the development of emerging financial markets and transitional market economies. A sound legal framework for lenders to effect and enforce secured transactions is called for in order to establish an investor-friendly climate. Special attention is paid to the EBRD Model Law on secured transactions, the UNCITRAL Draft Convention on Assignment in Receivables Financing, and the UNIDROIT model. The papers stress the importance to the transition process of the development of a modern framework for secured transactions.

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Part 1 General issues in the law of secured transactions: the changing nature of security rights, R.M. Goode; a compartive introduction to security over movables and intangibles, U. Drobnig; economic functionsof security in a market economy, H.W. Fleisig; world-wide security - classification of jurisdictions, P.R.Wood; classification of security interests on the highways of international commerce, O. Hartwieg; the conditional sale is alive and well, J.H. Dalhuisen.
Part 2 Law reform in the filed of secured transactions: general principles of a modern secured transactions law, J.L.Simpson, J.-H.M. Rover; a functional analysis of the EBRD model law on secured transactions, J.A. Spanogle; the model law on secured transactions of the EBRD form a German point of view, K. Kreuzer; the EBRD model law and the Hungarian law, A. Harmathy; UNCITRAL's work in the field of secured transactions, S.V. Bazinas; credit security and debt recovery - law's role in reform in Asia and the Pacific, R. Cranston; difficulties for obtaining secured lending in Latin America - why law reform really matter, A.M. Garro.
Part 3 Security interests and issues - examples from selected jurisdictions: selected security interests in the United States, P. Winship; mixed systems- Scotland, G.L. Gretton; security issues under Russian law, A.Zverev; secured financing issues for international lenders - bridging the gap between the civil and common law through asset-backed securitisation - lessons from and respecting Argentina and Mexico, D.W. Banowsky, J.J. Norton; the Japanese approach, M. Yanaga; enforcing security in India, Sri Lanka and Malaysia, S.Abeyratne; overviews of laws relating to security interests in Vietnam, T. Whitehead and Le Thu Hang; China's new security law - a close look, L. Barale. Appendices: EBRD model law on secured transactions; UNCITRAL draft convention on assignment in receivables financing; revised draft of articles of a future UNIDROIT convention on international interests in mobile equipment.