The Future of Secured Credit in Europe

✍ Scribed by Horst Eidenmüller (editor); Eva-Maria Kieninger (editor)

Publisher: De Gruyter
Year: 2008
Tongue: English
Leaves: 416
Series: European Company And Financial Law Review - Special Volume; 2
Category: Library

No coin nor oath required. For personal study only.

✦ Synopsis

This volume contains the reports and discussions presented at the conference "The Future of Secured Credit in Europe" in Munich from July 12^th to July 14^th, 2007. It aims at taking the debate to a new stage by exploring the need and possible avenues for creating a European law of security interests. The first part examines – from an economic and a community law perspective – the case for European lawmaking on secured credit and the legislative approach to be taken. The intention in the second and third part is to look in more detail at the choices European lawmakers will have to make in devising a European law of secured credit. The second part focuses on secured transactions involving corporeal movables (tangibles), whereas the third part considers categories of collateral that may require special rules.

✦ Table of Contents

Preface of the Editors of ECFR
Preface
Table of Contents
List of Contributors
Part 1. The Conceptual and Legal Framework
The Law and Economics Debate About Secured Lending: Lessons For European Lawmaking?
Commentary
Secured Credit and the Internal Market: The Fundamental Freedoms and the EU’s Mandate for Legislation
Commentary
Choosing the Right Approach for European Law Making
Commentary
Part 2. Building a European Law of Secured Credit: General Issues
Attachment/Creation of a Security Interest
Commentary
Perfection and Priority of Security Rights
Commentary
“Quiet” Creation of Security Interests or Filing
The Scope and Limits of Security Interests
Commentary
Remedies of Secured Creditors outside Insolvency
Commentary
The Position of Secured Creditors in Insolvency
Secured Creditors in Insolvency Proceedings
Conflict-of-Laws Rules for Security Rights: What Should Be the Best Rules?
Conflict-of-Laws Rules for Security Rights in Tangible Assets in the European Union
Part 3. Building a European Law of Secured Credit: Sector Specific Issues
Security Interests in Receivables
Security Interests in Receivables – A European Perspective
Security Interests in Financial Instruments
Commentary
Part 4. Concluding Remarks
The Future of Secured Credit in Europe: Concluding Remarks
Index

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