Synopses & Reviews
Fourth completed book of the Common Core of European Private Law launched at the University of Trento.
Review
'The volume is a profound comparative study which discusses the main problems of the European law of security rights in movable property in depth. ... The study ... is a valuable contribution to scholarship in the field of security law, but also to comparative property law in general. The neutral and descriptive approach of the study constitutes a good basis for further scholarly and political discussions on the harmonisation of security law. The case-orientated approach makes it also a good device for legal education. The volume thus can serve as a useful basis for a course or seminar on comparative property law. The picture that is drawn shows clearly that there is space and need for activity by the European Union.' Maastricht Journal of European and Comparative Law
Synopsis
Surveys the law relating to secured transactions in all member states of the EU. Following the Trento 'Common Core' approach, the national reports are centered around 15 hypotheticals dealing with the most important issues. Each case is followed by a comparative summary. A general report evaluates the possibilities of European harmonisation.
About the Author
Professor of German and European Private Law and Private International Law at Universität Würzburg, Germany.
Table of 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) Frédérique 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.