1.

Record Nr.

UNINA9910784436703321

Autore

McCormack G (Gerard)

Titolo

Secured credit under English and American law / / Gerard McCormack [[electronic resource]]

Pubbl/distr/stampa

Cambridge : , : Cambridge University Press, , 2004

ISBN

1-107-14697-6

1-280-51603-8

0-511-21422-7

0-511-21601-7

0-511-21064-7

0-511-31499-X

0-511-49478-5

0-511-21241-0

Descrizione fisica

1 online resource (xii, 424 pages) : digital, PDF file(s)

Collana

Cambridge studies in corporate law ; ; 3

Disciplina

346.07/4

Soggetti

Security (Law) - England

Security (Law) - United States

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Nota di bibliografia

Includes bibliographical references and index.

Nota di contenuto

1. The essence and importance of security -- 2. Security rights under English law -- 3. An overview of Article 9 of the Uniform Commercial Code -- 4. Implications of Article 9 type reforms for the English law of security interests -- 5. Notice filing versus transaction filing -- 6. Retention-of-title clauses under English law and Article 9 -- 7. Receivables financing -- 8. Security interests in deposit accounts, investment property and insurance policies -- Appendix: Article 9 of the Uniform Commercial Code.

Sommario/riassunto

Secured Credit drives economic activity. Under English Law it is possible to create security over almost any asset, but the law is widely considered to be unsatisfactory for several reasons, including a cumbersome registration system, a preoccupation with formalistic distinctions and the lack of clear and rationally-determined priority rules. Gerard McCormack examines the current state of English law



highlighting its weaknesses. He uses Article 9 of the American Uniform Commercial Code as a reference point: this Article has successfully serviced the world's largest economy for over 40 years and is increasingly used as the basis for legislation by Commonwealth jurisdictions including Canada and New Zealand. The Law Commission has suggested the enactment of similar legislation in England. In addition, McCormack considers if there really is a case for the priority of secured credit, as well as if there are other international models to draw upon. Contains the text of Article 9.