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- Publisher Website: 10.1111/1468-2230.12131
- Scopus: eid_2-s2.0-84934312107
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Article: Reforming Non-Possessory Secured Transactions Laws: A New Strategy?
Title | Reforming Non-Possessory Secured Transactions Laws: A New Strategy? |
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Authors | |
Keywords | Publicity Security rights Secured transactions law Registration Non-possessory security interests UNCITRAL |
Issue Date | 2015 |
Publisher | Wiley-Blackwell Publishing Ltd. The Journal's web site is located at http://onlinelibrary.wiley.com/journal/10.1111/(ISSN)1468-2230 |
Citation | Modern Law Review, 2015, v. 78, n. 4, p. 611-640 How to Cite? |
Abstract | © 2015 The Modern Law Review Limited. Non-possessory secured transactions are key components of market economies. National and international legal reform projects have been advanced to further their use and broaden access to credit. Yet reforms appear to be limited by practical obstacles posed by national legal categories. This article shifts the focus from domestically defined categories to the operational rules that allow secured transactions to perform their economic function of managing credit risk. This shift leads to a reconsideration of the rules governing publicity and an examination of the policy issues underpinning the evolution of publicity. The article argues that international publicity standards, based on a registry system, could offer a new strategy for reforming secured transactions laws. The recently adopted UNCITRAL's Registry Guide is analysed and considered as a possible tool for reforming national secured transactions laws. |
Persistent Identifier | http://hdl.handle.net/10722/260213 |
ISSN | 2023 Impact Factor: 1.5 2023 SCImago Journal Rankings: 0.267 |
SSRN | |
ISI Accession Number ID |
DC Field | Value | Language |
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dc.contributor.author | Castellano, Giuliano G. | - |
dc.date.accessioned | 2018-09-12T02:00:46Z | - |
dc.date.available | 2018-09-12T02:00:46Z | - |
dc.date.issued | 2015 | - |
dc.identifier.citation | Modern Law Review, 2015, v. 78, n. 4, p. 611-640 | - |
dc.identifier.issn | 0026-7961 | - |
dc.identifier.uri | http://hdl.handle.net/10722/260213 | - |
dc.description.abstract | © 2015 The Modern Law Review Limited. Non-possessory secured transactions are key components of market economies. National and international legal reform projects have been advanced to further their use and broaden access to credit. Yet reforms appear to be limited by practical obstacles posed by national legal categories. This article shifts the focus from domestically defined categories to the operational rules that allow secured transactions to perform their economic function of managing credit risk. This shift leads to a reconsideration of the rules governing publicity and an examination of the policy issues underpinning the evolution of publicity. The article argues that international publicity standards, based on a registry system, could offer a new strategy for reforming secured transactions laws. The recently adopted UNCITRAL's Registry Guide is analysed and considered as a possible tool for reforming national secured transactions laws. | - |
dc.language | eng | - |
dc.publisher | Wiley-Blackwell Publishing Ltd. The Journal's web site is located at http://onlinelibrary.wiley.com/journal/10.1111/(ISSN)1468-2230 | - |
dc.relation.ispartof | Modern Law Review | - |
dc.subject | Publicity | - |
dc.subject | Security rights | - |
dc.subject | Secured transactions law | - |
dc.subject | Registration | - |
dc.subject | Non-possessory security interests | - |
dc.subject | UNCITRAL | - |
dc.title | Reforming Non-Possessory Secured Transactions Laws: A New Strategy? | - |
dc.type | Article | - |
dc.description.nature | link_to_subscribed_fulltext | - |
dc.identifier.doi | 10.1111/1468-2230.12131 | - |
dc.identifier.scopus | eid_2-s2.0-84934312107 | - |
dc.identifier.volume | 78 | - |
dc.identifier.issue | 4 | - |
dc.identifier.spage | 611 | - |
dc.identifier.epage | 640 | - |
dc.identifier.eissn | 1468-2230 | - |
dc.identifier.isi | WOS:000357303000002 | - |
dc.publisher.place | United Kingdom | - |
dc.identifier.ssrn | 2723248 | - |
dc.identifier.issnl | 0026-7961 | - |