ROTs stand at the junction of so many aspects of substantive law, including contract, sale of goods, trusts, personal property security and company charges. This book identifies these concepts as they apply in 14 European Jurisdictions. As such it is the first available work to set out ROTs as a phenomenon in the Commercial Law in Europe, providing an accessible point of easy reference for anyone working in the field. Each essay is written by experts in the field within their own Jurisdiction.

McCormack examines English law on Secured Credit, highlighting its weaknesses, and evaluating possible remedies. Contains the text of Article 9.

Including law from Australia, Austria, Brazil, Canada, Chile, China, Denmark, England, Finland, France, Germany, India, Italy, Japan, Republic of Korea, Netherlands, Norway, Russia, South Africa, Spain, Sweden, Switzerland, And United States of America (U.S.A.)

Cubierta: "Suppliers of goods tend to think that they have strong rights if they retain ownership of the delivered goods until the purchase price has been fully paid. But is that correct? As long as the purchaser can pay the purchase price, disputes may be solved fairly easily by claiming payment in court or repossessing the goods. However, things may get difficult for the supplier when the purchaser is unable to pay, especially if the purchaser becomes insolvent. Over the past decade the number of insolvencies has increased dramatically, increasing in complexity. Particularly when foreign jurisdictions come into play, it may appear that a supplier's rights are weaker than it thought. Has the supplier really retained title to the goods or can the liquidator dispose of them and take the money? This practical handbook provides an overview of the most relevant legal issues concerning retention of title in over 30 of the most important business nations globally. It provides guidance to manufacturers and suppliers of goods, insolvency practitioners and their attorneys to promote a better understanding of retention of title and the effects of insolvency. Whether you are a lawyer, insolvency practitioner or general counsel in an international business, this commercially focused guide will provide practical insight into relevant legal issues."

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

This volume contains the major result of the work undertaken by the international research group "Transfer of Movables" which belonged to the Study Group on a European Civil Code. It covers the most important aspects of the law of property in movables, such as the transfer of ownership based on the transferor's right and the good faith acquisition of ownership. The suggested black letter provisions are accompanied by extensive explanatory comments and comparative notes providing information on the existing rules of the EU Member States. As compared to Book VIII of the DCFR, this volume contains additional and partly revised national notes, extended comments, translations of the black letter rules and adapted registers. The "Principles of European Law" are published in co-operation with Oxford University Press and Staempfli (Switzerland).

This is the first book to analyse and draw together all of the property law and regulatory and contractual issues relevant to financial collateral transactions. Collateralized finance transactions played a major role in the bankruptcy of Lehman Brothers and the near-failure of AIG during the early months of the global financial crisis, and are being increasingly recognised as being integral to the stability of the global financial system. The book provides a detailed legal analysis of the types of transactions which make up collateralised financing transactions and examines them in their commercial context. Recognising that financial collateral transactions are often global in nature the book covers the legal position in the UK, US, and the EU with specific relevance to practice in the Netherlands, Germany and Belgium. There is a chapter on the relevant private international law issues including conflicts of laws and forum. The book opens with an explanation of how financial collateral transactions are construed, including the relevant standard contract forms. The following chapters discuss the major legal issues and practical considerations, as well as a number of specialist concepts such as safe harbours, 'minimum floors' and securities custody. This new work brings together consideration of the European Securities Financing Regulation, the Collateral Directive, and relevant parts of the Bank Recovery and Resolution Directive.