UNCITRAL Model Law on Secured Transactions


Book Description

The "Model Law" deals with security interests in all types of tangible and intangible movable property, such as goods, receivables, bank accounts, negotiable instruments, negotiable documents,




International and Comparative Secured Transactions Law


Book Description

The law of secured transactions has seen dramatic changes in the last decade. International organisations, particularly the United Nations Commission on International Trade Law (UNCITRAL), have been working towards the creation of international legal standards aimed at the modernisation and harmonisation of secured financing laws (eg, the United Nations Convention on the Assignment of Receivables in International Trade, the UNCITRAL Legislative Guide on Secured Transactions and its Intellectual Property Supplement, the UNCITRAL Guide on the Implementation of a Security Rights Registry and the UNCITRAL Model Law on Secured Transactions). The overall theme of this book is international (or cross-border) secured transactions law. It assembles contributions from some of the most authoritative academic voices on secured financing law. This publication will be of interest to those involved in secured transactions around the world, including policy-makers, practitioners, judges, arbitrators and academics.




UNCITRAL Practice Guide to the Model Law on Secured Transactions


Book Description

The UNCITRAL Practice Guide to the Model Law on Secured Transactions provides practical guidance to parties involved in secured transactions in States that enact the Model Law.




UNCITRAL Legislative Guide on Secured Transactions


Book Description

The overall objective of the UNCITRAL Legislative Guide on Secured Transactions (the Guide) is to promote low-cost credit by enhancing the availability of secured credit. In line with this objective, the Supplement on Security Rights in Intellectual Property (the Supplement) is intended to make credit more available and at a lower cost to intellectual property owners and other intellectual property rights holders, thus enhancing the value of intellectual property rights as security for credit. The Supplement, however, seeks to achieve that objective without interfering with fundamental policies of law relating to intellectual property.




Non-Intermediated Securities


Book Description

Examination of the treatment of non-intermediated securities under the draft UNCITRAL Model Law on Secured Transactions.




The UNCITRAL Model Secured Transactions Law


Book Description

This chapter considers select provisions of the current draft of the UNCITRAL Model Law for Secured Transactions from the perspective of Islamic Shariʻah. The current draft of the Model Law focuses on systems that do not apply the Shariʻah. This chapter was prepared as an element of the efforts of UNCITRAL Working Group VI (Security Interests) to expand the scope of the Model Law. This is a particularly important endeavor in light of the global growth of Islamic finance and the current state of development of legal regimes for secured transactions in many of the jurisdictions in which Islamic finance is practiced. The objective is to provide a comparative vantage on the types of adjustments that must be considered in adapting the Model Law to jurisdictions in which Shariʻah principles are applicable. December 15, 2015 revision.




International Secured Transactions Law


Book Description

This book focuses on international harmonisation and the law of secured transactions by distilling and analysing the unifying principles of various significant international conventions and instruments such as the UN Convention on the Assignment of Receivables, the Unidroit Convention on International Factoring, the EBRD Model Law on Secured Transactions, the Unidroit Convention on the International Interests in Mobile Equipment and the UNCITRAL Legislative Guide on Secured Transactions. International secured transactions conventions and instruments facilitate credit and promote economic activity through the creation of harmonised rules. Therefore, given the increasing globalisation of markets, international reform efforts for the harmonised modernisation of secured transactions law have gained pace over recent years. International Secured Transactions Law draws on experiences in both English and US laws in order to identify and illustrate the existing problems that need to be addressed, as well as identify potential solutions. International Secured Transactions Law will be of interest to scholars, students interested in international commercial law, corporate law or comparative secured transactions, and practitioners involved in international commercial transactions.




United Nations Convention on the Assignment of Receivables in International Trade


Book Description

This publication contains the text of the Convention, adopted by the UN General Assembly by Resolution 56/81 in December 2001, and an explanatory note by the United Nations Commission on International Trade Law (UNCITRAL) Secretariat. The main aim of the Convention is to promote the availability of capital and credit at more affordable rates across national borders, in order to facilitate the cross-border movement of goods and services.







Transnational Commercial and Consumer Law


Book Description

This book explores current developments in transnational commercial and consumer law. It features essays written by leading experts, many of who have taken part in the negotiation and formulation of the international instruments they discuss here. The contributors look at issues arising from the profound changes that globalization is having on the legal norms governing commercial and consumer transactions, both domestic and transnational. They consider how relations between private actors, state regulators, and national courts are being completely reconfigured. This, in turn, generates pressures for legal harmonization and creates opportunities for new national and transnational legal norms and procedures to develop. The contributions address both the dynamics and the substance of these developments. Topics included are the UNCITRAL Model Law on secured transactions and on cross-border insolvency, the ICC Uniform Customs and Practices of Documentary Credits (UCP 600), and the dispute resolution mechanism and practices of the World Trade Organization. The content was formerly presented as papers at the 18th Biennial Meeting of the International Academy of Commercial and Consumer Law (the International Academy) at Kyushu University, Japan. Overall, this book provides readers with a solid theoretical foundation and strong familiarity with the practice of law and international commerce, offering realistic and practical conclusions.