The law of secured transactions has seen dramatic changes in the last decade. International organisations, particularly the United Nations Commission on International Trade Law (UNCITRAL), have been working towards the creation of international legal standards aimed at the modernisation and harmonisation of secured financing laws (eg, the United Nations Convention on the Assignment of Receivables in International Trade, the UNCITRAL Legislative Guide on Secured Transactions and its Intellectual Property Supplement, the UNCITRAL Guide on the Implementation of a Security Rights Registry and the UNCITRAL Model Law on Secured Transactions).
The overall theme of this book is international (or cross-border) secured transactions law. It assembles contributions from some of the most authoritative academic voices on secured financing law. This publication will be of interest to those involved in secured transactions around the world, including policy-makers, practitioners, judges, arbitrators and academics.
Spyridon V Bazinas is Senior Legal Officer in the International Trade Law Division of the United Nations Office of Legal Affairs, which serves as the the Secretariat of the United Nations Commission on International Trade Law (UNCITRAL). N Orkun Akseli is an Associate Professor of Commercial Law at Durham Law School.
1. Secured Credit Legislation: Functionalism or Transactional Co-Existence Michael Bridge 2. `Functional Formalism' in the Treatment of Leases under Secured Transactions Law: Comparative Lessons from the Canadian Experience Catherine Walsh 3. Reflections on Misgivings about a Model Law Neil B Cohen 4. The UNCITRAL Model Law on Secured Transactions Spyridon V Bazinas 5. Non-assignment Clauses and their Treatment under UNCITRAL's Secured Transactions Law Instruments N Orkun Akseli 6. Dealing with Concepts of Property in the UNCITRAL Legislative Guide on Secured Transactions and UNCITRAL Model Law on Secured Transactions (2016) Steven O Weise 7. Current Issues in Cross-Border Asset-Based Lending: Lessons from the Field on the Need for Secured Transactions Reform Richard M Kohn 8. The Rights and Obligations of the Parties to the Security Agreement According to the UNCITRAL Model Law on Secured Transactions Benedict Foex 9. Suretes Mobilieres et Stocks : ou l'Art et la Maniere de Resoudre la Quadrature du Cercle Jean-Francois Riffard 10. Some Thoughts (and Facts) about the Process of Secured Transactions Law Reform, with Special Emphasis on Registration, the Key to Achievement of Reform's Goals Marek Dubovec and Harry C Sigman 11. Conflict-of-Laws Rules on Security Rights in Non-Intermediaries Securities Michel Deschamps 12. Comparative Approaches to the Enforcement of Secured Credit in Insolvency Jose M Garrido and Edwin E Smith 13. Comparative Study on Indian Secured Transactions Law and the UNCITRAL Legislative Guide on Secured Transactions Madhukar R Umarji 14. Security Interests over Intellectual Property Rights in Italy: Critical Analysis and Reform Proposals Andrea Tosato 15. Reverse Engineering the Law: Reforming Secured Transactions Law in Italy Giuliano G Castellano