The Law and Economics Debate About Secured Lending: Lessons For European Lawmaking?

Kapitel in diesem Buch

1. Frontmatter i
2. Preface of the Editors of ECFR v
3. Preface vii
4. Table of Contents xi
5. List of Contributors xiii
6. Part 1. The Conceptual and Legal Framework
7. The Law and Economics Debate About Secured Lending: Lessons For European Lawmaking? 3
8. Commentary 30
9. Secured Credit and the Internal Market: The Fundamental Freedoms and the EU’s Mandate for Legislation 36
10. Commentary 68
11. Choosing the Right Approach for European Law Making 83
12. Commentary 102
13. Part 2. Building a European Law of Secured Credit: General Issues
14. Attachment/Creation of a Security Interest 113
15. Commentary 135
16. Perfection and Priority of Security Rights 143
17. Commentary 166
18. “Quiet” Creation of Security Interests or Filing 174
19. The Scope and Limits of Security Interests 180
20. Commentary 215
21. Remedies of Secured Creditors outside Insolvency 223
22. Commentary 242
23. The Position of Secured Creditors in Insolvency 248
24. Secured Creditors in Insolvency Proceedings 273
25. Conflict-of-Laws Rules for Security Rights: What Should Be the Best Rules? 284
26. Conflict-of-Laws Rules for Security Rights in Tangible Assets in the European Union 297
27. Part 3. Building a European Law of Secured Credit: Sector Specific Issues
28. Security Interests in Receivables 321
29. Security Interests in Receivables – A European Perspective 336
30. Security Interests in Financial Instruments 350
31. Commentary 364
32. Part 4. Concluding Remarks
33. The Future of Secured Credit in Europe: Concluding Remarks 375
34. Index 399