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Product Description This exciting book is an authoritative text on the complex law of personal property security and the registration of company charges. Personal property security is an important subject in commercial practice, as it is the key to much of the law of banking and sale. This work explainstraditional methods of securing debts (such as mortgages, charges, and pledges) on property other than land, describes how these are created, how they must be registered (or otherwise "perfected") if they are to be valid, the rights and duties of the parties and how the security is enforced if thedebt is not paid. The authors identify areas of uncertainty and give guidance to possible resolutions of any uncertainties using case law --including authorities from Commonwealth jurisdictions (Canada, Australia and New Zealand) to illustrate points made. The work also explains how "priority" disputes between competing interests over the same property are resolved. In addition it covers the law governing other transactions that perform a similar economic function (such as finance leases, retention of title clauses, and sales of a company's bookdebts). These are not currently treated by the law as security and are therefore subject to different rules on perfection, priority, and enforcement. About the Author Professor Hugh Beale is Professor of Law at the University of Warwick and works for the Law Commissioner for England and Wales Professor Michael Bridge is the Professor of Commercial Law and Dean of the Faculty of Laws of University College London. He is also a barrister of the Middle Temple. LouiseGullifer is a Fellow and tutor in law at Harris Manchester College, Oxford. Professor Eva Lomnicka is Professor of Llaw at King's College, London and is also a barrister at 4 New Square Chambers.
This text investigates the complex legal framework governing personal property security and the registration of company charges within commercial practice. The authors, a distinguished group of legal scholars and practitioners including Professors Hugh Beale, Michael G. Bridge, Louise Gullifer, and Eva Lomnicka, provide a comprehensive analysis of how debts are secured against assets other than land. By synthesizing case law and comparative authorities from Commonwealth jurisdictions, the work establishes a rigorous framework for understanding the creation, perfection, and enforcement of security interests.
What You Will Find
Legal professionals and academics frequently cite this work as a foundational text for navigating the intricacies of commercial security law. Experts highlight the authors' ability to clarify areas of legal uncertainty through the strategic use of international case law and practical application.
Page Count:
845
Publication Date:
2007-05-24
Publisher:
Oxford University Press
ISBN-10:
019928329X
ISBN-13:
9780199283293
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