This volume contains the reports and discussions presented at the conference ‘The Future of Secured Credit in Europe’ in Munich from July 12th to July 14th, 2007. It aims at taking the debate to a new stage by exploring the need and possible avenues for creating a European law of security interests. The first part examines – from an economic and a community law perspective – the case for European lawmaking on secured credit and the legislative approach to be taken. The intention in the second and third part is to look in more detail at the choices European lawmakers will have to make in devising a European law of secured credit. The second part focuses on secured transactions involving corporeal movables (tangibles), whereas the third part considers categories of collateral that may require special rules.
Daftar Isi
Part 1: The Conceptual and Legal Framework
JOHN ARMOUR: The Law and Economics Debate about Secured Lending: Lessons for European Lawmaking? HANS-BERND SCHÄFER: Commentary
WULF-HENNING ROTH: Secured Credit and the Internal Market: The Fundamental Freedoms and the EU’s Mandate for Legislation; JACOBIEN RUTGERS: Commentary
ROBERT H. STEVENS: Choosing the Right Approach for European Law Making; ULRICH DROBNIG: Commentary
Part 2: Building a European Law of Secured Credit: General Issues
ANNA VENEZIANO: Attachment / Creation of a Security Interest: Some Thoughts on the Prospect of a Future European Secured Transactions Law; MEINHARD LUKAS: Commentary
HARRY C. SIGMAN: Perfection and Priority of Security Rights; ROLF STÜRNER: Commentary; HANS-JÜRGEN LWOWSKI: ‘Quiet’ Creation of Security Interests or Filing
MICHAEL BRIDGE: The Scope and Limits of Security Interests; EVA-MARIA KIENINGER: Commentary
ERIC DIRIX: Remedies of Secured Creditors outside Insolvency; BARBARA GRAHAM-SIEGENTHALER: Commentary
MORITZ BRINKMANN: The Position of Secured Creditors in Insolvency; HORST EIDENMÜLLER: Commentary
J. MICHEL DESCHAMPS: Conflict-of-Laws Rules for Security Rights: What should be the best Rules? KARL KREUZER: Conflict-of-Laws Rules for Security Rights in Tangible Assets in the European Union
Part 3: Building a European Law of Secured Credit: Sector Specific Issues
CATHERINE WALSH: Security Interests in Receivables; AXEL FLESSNER: Security Interests in Receivables – A European Perspective
DOROTHEE EINSELE: Security Interests in Financial Instruments; GUY MORTON: Commentary
Part 4: Concluding Remarks
HUGH BEALE: The Future of Secured Credit in Europe
Tentang Penulis
Horst Eidenmüller, Universität München; Eva-Maria Kieninger, Universität Würzburg.
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