Emerging Financial Markets And Secured Transactions

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Most medium and long-term loans are no longer secured by sovereign or governmental guarantees. As a result, lenders must seek security elsewhere. An investor-friendly climate requires a sound legal framework for lenders to effect and enforce secured transactions.

This work collects papers from experts in the field on various aspects of cross-border secured transactions, an issue of increasing import in the development of emerging financial markets and transitional market economies. Topics of particular focus include:

  • the ERBD model on secured transactions
  • the UNCITRAL Draft Convention on Assignment in Receivables Financing
  • the pending UNIDROIT model.

The editors provide an invaluable service in bringing together in a single resource those texts which make a significant contribution to the development of scholarship in this area.

The work emphasises the importance of the development of a modern framework for secured transactions. Academics and practitioners will appreciate the expert contributions and multi-disciplinary approach.

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Product Details

  • ISBN-13: 9789041106759
  • Publisher: Kluwer Law International, BV
  • Publication date: 4/27/1998
  • Series: International Economic Development Law
  • Pages: 592
  • Product dimensions: 6.14 (w) x 9.21 (h) x 1.31 (d)

Table of Contents

List of Contributors
Series Editor's Preface
1 The Changing Nature of Security Rights 1
2 A Comparative Introduction to Security over Movables and Intangibles 5
3 Economic Functions of Security in a Market Economy 15
4 World-Wide Security - Classification of Legal Jurisdictions 39
5 Classifications of Security Interests on the Highways of International Commerce 49
6 The Conditional Sale is Alive and Well! 83
7 General Principles of a Modern Secured Transactions Law 143
8 A Functional Analysis of the EBRD Model Law on Secured Transactions 157
9 The Model Law on Secured Transactions of the EBRD from a German Point of View 175
10 The EBRD Model Law and the Hungarian Law 197
11 UNCITRAL's Work in the Field of Secured Transactions 211
12 Credit Security and Debt Recovery: Law's Role in Reform in Asia and the Pacific 219
13 Difficulties in Obtaining Secured Lending in Latin America: Why Law Reform Really Matters 251
14 Selected Security Interests in the United States 267
15 Mixed Systems: Scotland 279
16 Security Issues under Russian Law 293
17 Secured Financing Issues for International Lenders: Bridging the Gap Between the Civil and Common Law through Asset-backed Securitisation - Lessons From and Respecting Argentina and Mexico 307
18 The Japanese Approach 327
19 Enforcing Security in India, Sri Lanka and Malaysia 339
20 Overview of Laws Relating to Security Interests in Vietnam 383
21 China's New Security Law: A Closer Look 405
App. 1 A Legal System for Secured Transactions in Market Economies in Transition 439
App. 2 Draft Convention on Assignment in Receivables Financing 509
App. 3 Revised Draft Articles of a Future UNIDROIT Convention on International Interests in Mobile Equipment 523
Index 539
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