Full Description
This edited collection examines floating charges, a special type of security that covers a class of revolving assets, and functional equivalents across the world.
The book explores common threads and points of disparity in how floating charges are used and regulated across different jurisdictions, drawing on expert insights in the field of security rights. It includes a wide-ranging comparative overview of floating security in 40 jurisdictions, as well as chapters which discuss the historical, doctrinal and practical contexts surrounding such security within the legal systems of selected jurisdictions in Africa, Asia, Europe and North America. The authors analyse discrete aspects of relevant security rights including creation rules, digital assets, the encumbrance of intermediated securities and wider property law issues.
Floating Charges in Comparative Perspective is a valuable resource for academics and students in commercial law, company and insolvency law, comparative law and property law. Additionally, it is beneficial to legislators, policymakers and practitioners, particularly those involved in cross-border secured transactions.
Contents
Contents
Introduction to Floating Charges in Comparative Perspective 1
Alisdair MacPherson and Caroline Sophie Rapatz
1 A comparative overview of floating charges and functional
equivalents 12
Alisdair MacPherson and Caroline Sophie Rapatz
2 Floating charges in England 86
Andreas Televantos
3 The evolution of floating charges in Ghana, Kenya and Nigeria 109
Chike Emedosi
4 The decisive influence of publicity on the historical
development of continental European floating security rights 151
Vincent van Hoof
5 The general hypothecation of movable property in South
African law 180
Reghard Brits
6 The floating lien in American law: from historical accounts to
digital assets 200
Christopher K. Odinet
7 The floating charge in Chinese law: following the English
model? 233
Zhicheng Wu and Hao Zhang
8 The English floating charge and the conceptualisation of a
French global security 253
Muriel Renaudin
9 Floating security in Québec? Hypothecs on a universality of
movable property 284
Catherine Walsh
10 Drifting in the currents: floating charges under Romanian law 316
Radu Rizoiu
11 The short history of the Hungarian floating security 340
Tibor Tajti
12 Floating charges in the Nordic countries 371
Bjørn Løtveit, Astrid Millung-Christoffersen, Patrik
Lindskoug and Teemu Juutilainen
13 The encumbrance of intermediated securities in Switzerland 403
Alexandra Dal Molin-Kränzli
