The Future of Secured Credit in Europe

Horst Eidenmüller, Eva-Maria Kieninger, Horst Eidenmüller, Eva-Maria Kieninger

• Publisher: De Gruyter
• Year: 2012
• Print ISBN:
  9783899494402
• eBook ISBN:
  9783110970678
• Topic: Law
• Subtopic: Financial Law
• Index: Law

This volume contains the reports and discussions presented at the conference "The Future of Secured Credit in Europe" in Munich from July 12^th to July 14^th, 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.

Table of contents

• Preface of the Editors of ECFR
• Preface
• Table of Contents
• List of Contributors
• Part 1. The Conceptual and Legal Framework
• The Law and Economics Debate About Secured Lending: Lessons For European Lawmaking?
• Commentary
• Secured Credit and the Internal Market: The Fundamental Freedoms and the EU’s Mandate for Legislation
• Commentary
• Choosing the Right Approach for European Law Making
• Commentary
• Part 2. Building a European Law of Secured Credit: General Issues
• Attachment/Creation of a Security Interest
• Commentary
• Perfection and Priority of Security Rights
• Commentary
• “Quiet” Creation of Security Interests or Filing
• The Scope and Limits of Security Interests
• Commentary
• Remedies of Secured Creditors outside Insolvency
• Commentary
• The Position of Secured Creditors in Insolvency
• Secured Creditors in Insolvency Proceedings
• Conflict-of-Laws Rules for Security Rights: What Should Be the Best Rules?
• 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
• Security Interests in Receivables
• Security Interests in Receivables – A European Perspective
• Security Interests in Financial Instruments
• Commentary
• Part 4. Concluding Remarks
• The Future of Secured Credit in Europe: Concluding Remarks
• Index