Floating Charges in Comparative Perspective

Hardback

Floating Charges in Comparative Perspective

9781035317134 Edward Elgar Publishing
Edited by Alisdair MacPherson, Senior Lecturer, Commercial Law, University of Aberdeen, UK and Caroline Sophie Rapatz, Professor of Civil Law, European and International Private and Procedural Law and Comparative Law, Christian Albrechts University of Kiel, Germany
Publication Date: April 2025 ISBN: 978 1 03531 713 4 Extent: c 464 pp
This edited collection examines floating charges, a special type of security that covers a class of revolving assets, and functional equivalents across the world. The book explores a range of common threads and points of disparity based on expert insights in the field of security rights, with a comparative overview of 40 jurisdictions and chapters examining floating security in selected jurisdictions in Africa, Asia, Europe and North America.

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This edited collection examines floating charges, a special type of security that covers a class of revolving assets, and functional equivalents across the world.

The book explores common threads and points of disparity in how floating charges are used and regulated across different jurisdictions, drawing on expert insights in the field of security rights. It includes a wide-ranging comparative overview of floating charges in 40 jurisdictions, as well as chapters which discuss the historical, doctrinal and practical contexts surrounding floating security within the legal systems of selected jurisdictions in Africa, Asia, Europe and North America. The authors analyse discrete aspects of relevant security rights including creation rules, digital assets, the encumbrance of intermediated securities and wider property law issues.

Floating Charges in Comparative Perspective is a valuable resource for academics and students in commercial law, company and insolvency law, comparative law and property law. Additionally, it is beneficial to legislators, policymakers and practitioners, particularly those involved in cross-border secured transactions.
Critical Acclaim
‘This book offers an excellent overview of how a security right can be established on continuously changing assets. It provides insights into the problems this presents from a more restricted approach to property rights. The topic is analysed across legal traditions, and the history of floating security rights is examined, with a broad global overview that includes Africa, China, Europe, and North America —an impressive work of global comparative property law analysis.’
– Sjef van Erp, Emeritus Professor, Maastricht University, the Netherlands
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