Search results for "security rights"
showing 4 items of 4 documents
Chapter 1. Security Rights under Article 5 of the Insolvency Regulation and Article 8 of the ‘Recast’
2017
This chapter contains an overview of the issues put at stake. In particular, it deals, on the one hand, with the prescriptions on security rights in rem laid down by both EU Regulation 1346/2000 and EU Regulation 2015/848, and, on the on the other hand, with the misalignment that these prescriptions produce at national level.
Security rights and insolvency law in the Roman legal system
2017
This chapter contains an analysis in depth of the Roman law system on security rights in rem (Spain, Italy, France).
Chapter 3. Security Rights, National Laws and Possible Reforms
2017
This chapter contains an overview of the different national systems on security rights in rem. It also contains an analysis of model laws and other efforts that UNCITRAL and other international agencies have been making in order to harmonise national regulations on security rights in rem.
The Institution of Security Agent: A Comparative Study of Polish and French Laws
2022
In many continental legal systems it was often problematic to grant a security right to an entity separate from the holder(s) of the secured receivables. Such arrangement was especially desired by the parties in complex lending structures with many creditors. To solve this problem various legal solutions have been created in different countries. In Poland and in France the special institution of a security agent has been introduced. Aim of this article is to compare those two regulations. The conclusion is that the French provisions better deals with the challenges posed by the entity separation problem. Security agent, collective security arrangements, entity separation, unity principle, s…