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Research Handbook on Secured Financing in Commercial Transactions
This cutting-edge Handbook presents an overview of research and thinking in the field of secured financing, examining international standards and best practices of secured transactions law reform and its economic impact. Expert contributors explore the breadth and depth of the subject matter across diverse sectors, and illustrate the choices and trade-offs that policy makers face via a number of illuminating case studies. The result is a unique and wide-ranging examination of transactions reform across the world.
More Information
Critical Acclaim
Contributors
Contents
More Information
This cutting-edge Handbook presents an overview of research and thinking in the field of secured financing, examining international standards and best practices of secured transactions law reform and its economic impact. Expert contributors explore the breadth and depth of the subject matter across diverse sectors, and illustrate the choices and trade-offs that policy makers face via a number of illuminating case studies.
The book explores groundbreaking research across a comprehensive range of sectors and countries, including new, original analysis of Shariʿah compliant collateral regimes and improved access to finance for women. A diverse group of experts offer cutting-edge points of view as well as case studies from England and Wales, Morocco, Russia and Romania.
The result is a unique and wide-ranging examination of secured transactions reform across the world and a valuable resource for researchers, government and development agencies, banks, and law firms.
The book explores groundbreaking research across a comprehensive range of sectors and countries, including new, original analysis of Shariʿah compliant collateral regimes and improved access to finance for women. A diverse group of experts offer cutting-edge points of view as well as case studies from England and Wales, Morocco, Russia and Romania.
The result is a unique and wide-ranging examination of secured transactions reform across the world and a valuable resource for researchers, government and development agencies, banks, and law firms.
Critical Acclaim
‘No single-volume publication brings together as many diverse and stimulating perspectives on secured financing law as does this Research Handbook. Its great strengths are asking hard questions and recognizing how difficult reform is. Contributors report on what works (and what doesn’t), drawing on evidence from legal systems less often studied in this context (e.g., Brazil, Morocco). I cannot imagine a researcher in the field who would not be intrigued by analysis of such issues as access of women to secured financing, constraints Shari’ah places on use of security devices, and reasons for Russia’s meandering path to modernization.’
– Peter Winship, Southern Methodist University, Dedman School of Law, US
– Peter Winship, Southern Methodist University, Dedman School of Law, US
Contributors
Contributors: J. Armour, S. Bazinas, N. Budd, A. Burtoiu, R. Calnan, F. Dahan, C. de Lima Ramos, M. Dubovec, L. Gullifer, I. Istuk, T. Johnson, O. Lemseffer, J. Lymar, C. Manuel, M.J.T. McMillen, A.P. Menezes, M. Mourahib, E. Murray, N. Nikitina, V. Padurari, J.-H. Röver, M. Uttamchandani, K. van Zwieten, P.R. Wood
Contents
Contents:
Foreword
Philip R. Wood
PART I SECURED TRANSACTIONS LAW, ECONOMIC IMPACT AND REFORM
1. How do Creditor Rights Matter for Debt Finance? A Review of Empirical Evidence
John Armour, Antonia Menezes, Mahesh Uttamchandani And Kristin Van Zwieten
2. The Influence of the UNCITRAL Legislative Guide On Secured Transactions
Spyridon V. Bazinas
3. A Single Framework Governing Secured Transactions? Comparative Reflections
Frederique Dahan
4. Implementing Shari’ah-Compliant Collateral Security Regimes: Select Issues
Michael J.T. Mcmillen
5. Levelling the Legal Playing Field: What the Law Can and Can’t do to Improve Women’s Access to Secured Finance
Clare Manuel
PART II SECURED FINANCING: MANY FACETS AND CONTEXTS
6. Untying the Gordian Knot: Farmers, Banks, Insurers, Warehouse Receipts, Commodity Exchanges, Collateral Managers and Access to Credit
Nicholas Budd
7. Sowing the Good Seeds: The Brazilian Experience of Agriculture Financing
Christian de Lima Ramos
8. The Potential of Factoring for Improving SME Access to Finance
Ivor Istuk
9. Security in Project Finance and PPP and the Implications for Secured Transactions Law: “Security is a Shield, Not a Sword”
Jan-Hendrik Röver
10. Keeping it Real: SME Financing, Secured Transactions and Risk Appetite
Tom Johnson
11. Financial Collateral Arrangements and the Financial Markets
Edward Murray
12. Fundamentals of Taking Security Interests in Bank Accounts
Marek Dubovec
PART III TRENDS AND PERSPECTIVES FOR REFORM
13. Secured Transactions Law Reform in Russia: A Tortuous but Ultimately Successful Journey
Natalia Nikitina and Julia Lymar
14. Reforming an Established Secured Transactions Legal System: Why and How Morocco is Approaching the Challenge
Mustapha Mourahib, Bertrand Fournier-Montgieux and Ouns Lemseffer
15. Taking Stock of Romanian Secured Transactions After 15 Years of Reform: A Mapping of Past, Present and Future Milestones
Victor Pădurari and Andreea Simona Burtoiu
16. Piecemeal Reform: Is it The Answer?
Louise Gullifer
17. What Makes a Good Law of Security?
Richard Calnan
Index
Foreword
Philip R. Wood
PART I SECURED TRANSACTIONS LAW, ECONOMIC IMPACT AND REFORM
1. How do Creditor Rights Matter for Debt Finance? A Review of Empirical Evidence
John Armour, Antonia Menezes, Mahesh Uttamchandani And Kristin Van Zwieten
2. The Influence of the UNCITRAL Legislative Guide On Secured Transactions
Spyridon V. Bazinas
3. A Single Framework Governing Secured Transactions? Comparative Reflections
Frederique Dahan
4. Implementing Shari’ah-Compliant Collateral Security Regimes: Select Issues
Michael J.T. Mcmillen
5. Levelling the Legal Playing Field: What the Law Can and Can’t do to Improve Women’s Access to Secured Finance
Clare Manuel
PART II SECURED FINANCING: MANY FACETS AND CONTEXTS
6. Untying the Gordian Knot: Farmers, Banks, Insurers, Warehouse Receipts, Commodity Exchanges, Collateral Managers and Access to Credit
Nicholas Budd
7. Sowing the Good Seeds: The Brazilian Experience of Agriculture Financing
Christian de Lima Ramos
8. The Potential of Factoring for Improving SME Access to Finance
Ivor Istuk
9. Security in Project Finance and PPP and the Implications for Secured Transactions Law: “Security is a Shield, Not a Sword”
Jan-Hendrik Röver
10. Keeping it Real: SME Financing, Secured Transactions and Risk Appetite
Tom Johnson
11. Financial Collateral Arrangements and the Financial Markets
Edward Murray
12. Fundamentals of Taking Security Interests in Bank Accounts
Marek Dubovec
PART III TRENDS AND PERSPECTIVES FOR REFORM
13. Secured Transactions Law Reform in Russia: A Tortuous but Ultimately Successful Journey
Natalia Nikitina and Julia Lymar
14. Reforming an Established Secured Transactions Legal System: Why and How Morocco is Approaching the Challenge
Mustapha Mourahib, Bertrand Fournier-Montgieux and Ouns Lemseffer
15. Taking Stock of Romanian Secured Transactions After 15 Years of Reform: A Mapping of Past, Present and Future Milestones
Victor Pădurari and Andreea Simona Burtoiu
16. Piecemeal Reform: Is it The Answer?
Louise Gullifer
17. What Makes a Good Law of Security?
Richard Calnan
Index
