Comparative Law of Security Interests and Title Finance 3rd ed: Volume 3

Comparative Law of Security Interests and Title Finance 3rd ed: Volume 3
Product ISBN: 9780414044753
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The Law and Practice of International Finance series is your definitive guide to international finance. It considers the full range of topics across nine volumes, setting out the law and practice of trading assets on the international markets. This essential work, by one of the leading finance specialists of a generation, provides a simple, unified and distilled account of the whole topic.

This book covers the essential principles of security interests and title finance from a practical perspective, providing the reader with an in-depth explanation of the core concepts underlying the law and practice. It sits beside volume 4 of the series, which provides a comparative overview of over 300 jurisdictions.

Philip Wood is one of the leading authorities on international finance worldwide, as well as a practitioner and teacher. He was a partner in international law firm Allen & Overy until his retirement in 2018, and for ten years was head of the banking department. Subsequently he led the firm’s Global Law Intelligence Unit. Philip is the Yorke Distinguished Visiting Fellow at the University of Cambridge, and has previously been Visiting Professor in International Financial Law at the University of Oxford, Queen Mary University of London, and the London School of Economics. He has lectured at more than 60 universities worldwide and has written more than 20 books.

Features:

  • Covers the essentials of security interests and title finance from a practical perspective
  • Advanced study of the law governing asset-backed finance in more than 300 jurisdictions in the world
  • Contains summaries, checklists and precedents, allowing complex concepts to be applied in real-world scenarios

Topics covered include:


  • The creation of security interests
  • Principles of publicity under the UCC
  • Transfers of secured debt
  • The enforcement of security interests
  • The practice and documentation of security packages
  • The core principles of title finance, finance leases and repos
  • The international instruments governing security interests and title finance
  • Conflict of laws issues as they pertain to security interests

Table of Contents:

Part 1: General
Security Interests and World Financial Law
Understanding English and American Security Interests
Rationale and Meaning of Security Interests
Classification of Main Sectors of Secured Finance
Classification of Assets
Classification of jurisdictions of the World
English common law jurisdictions
General review of the Napoleonic group
Roman-Germanic jurisdictions group
Other Jurisdictions
 
Part 2: Legal Topics
 
13. Parties: Debtors, Creditors and Trustees
 
14. Formalities, Costs and Taxes
 
15. Scope Of Security Interests and Universal Charges
 
16. Creation of Security Interests
 
17. Derivative assets, accessories and proceeds
 
18. Inalienable Assets; Negative Pledges
 
19. Publication (Perfection) of Security Interests: Principles
 
20. Perfection Under UCC Article 9
 
21. Perfection In English-Based Jurisdictions
 
22. Secured Debt
 
23. Transfers of Secured Debt
 
24. Priorities: Policies Classification
 
25. Priority over Unsecured Creditors: the Ladder
 
26. Summary of Priority Rules: Owners, Buyers, Other Secured Creditors
 
27. Priorities: Asset Title Registers
 
28. Filing Registers Indexed by Debtor
 
29. Priorities: Particular Contests
 
30. Subordinated Secured Debt
 
31. Avoidance of Security Interests as a Preference
 
32. Financial Assistance to Buy Own Shares
 
33. Enforcement of Security Interests
 
34. Enforcement on Insolvency
 
Part 3: Practice and Documents
 
35. Security Packages
 
36. Real Property
 
37. Security Interests over Goods
 
38. Ships and Aircraft
 
39. Contracts, Debts and Charge-backs
 
40. Security Interests over Investments
 
41. Security Interests over Insurances
 
42. Security Interests over Intellectual Property
 
43. Deal Implementation
 
44. Legal Opinion on Security Interests
 
45. Terms of Security Agreements I: Creation and Perfection
 
46. Security Agreements II: Secured debt; trustees; third party security
 
47. Security Agreements III: Representations; covenants
 
48. Security Agreements IV: Events of Default; Enforcement; Close
 
Part 4: Title Finance
 
49. Title Finance: General Principles
 
50. Title Finance: Finance Leases
 
51. Title Finance: Repos
 
52. EU Financial Collateral Directive 2002
 
53. Geneva Aircraft Convention of 1948
 
54. Cape Town Mobile Equipment Convention (Aircraft) 2001
 
55. Other International Instruments
 
56. Conflict of Laws I: Classification of Issues
 
57. Conflicts II: Contractual Aspects of Security Agreements