Secured Credit

McCormack examines English law on Secured Credit, highlighting its weaknesses, and evaluating possible remedies. Contains the text of Article 9.

The law of secured credit is both very important and very complex. Perhaps because of this, law students, lawyers, judges, and lawmakers struggle to master its many nuances. Secured credit law may not have the initial appeal that criminal or constitutional law hold in the minds of many, but it forms the backbone of everything from day-to-day consumer transactions to large-scale commercial financing, both around the corner and across the world.

This book will be of great interest to practitioners, policymakers and academics, as well as students, particularly postgraduate students, of law and business throughout the world.

'The systems approach we employ in this book looks at more than just law. Law is one of many elements that together constitute the secured credit system. To teach the law without teaching the system in which it is embedded would deprive the law of much of its meaning and make it more difficult to understand.' - Lynn LoPucki and Elizabeth Warren Fully incorporating the new Article 9 of the UCC, this substantially revised edition of the groundbreaking text continues to simplify the conceptually complex policies of the secured credit system with an innovative systems approach. By exploring secured transactions and investment securities in a series of assignments and problems, students are empowered to focus on secured transactions as one aspect of a larger system - thus facilitating learning and comprehension of the material. What makes this casebook stand out from the rest? Expert authorship - renowned authors Lynn LoPucki and Elizabeth Warren draw on their years of legal scholarship and teaching excellence to refine and extend their systems approach Uses the author's unique and innovative systems approach - treating secured credit as a system with subsystems that work together to accomplish the system's principal goal A combination of traditional application and open-ended theoretical problems are presented in the order of difficulty - with the most difficult problems focusing on an actual practice setting to enhance student learning Each assignment is appropriate for a 50-60 minute class, contains carefully-selected problems that involve students in case strategy and planning, and includes all the information needed to answer the problems New To The Third Edition: Incorporates the new Article 9 (Secured Transactions of the UCC throughout the entire text Updated cases and problems reflect recent legal trends and developments A thoroughly revised Teacher's Manual in every chapter

"Cases, materials, and problems for the law school course called Secured Credit, Secured Transactions, or Article 9"--

Secured transactions law has been subjected to a close scrutiny over the last two decades. One of the main reasons for this is the importance of availability of credit and the consequent need to reform collateral laws in order to improve access to finance. The ability to give security effectively influences not only the cost of credit but also, in some cases, whether credit will be available at all. This requires rules that are transparent and readily accessible to non-lawyers as well as rules that recognise the needs of small and medium-sized enterprises. This book critically engages with the challenges posed by inefficient secured credit laws. It offers a comparative analysis of the reasons and the needs for a secured transactions law reform, as well as discussion of the steps taken in many common law, civil law and mixed law jurisdictions. The book, written under the auspices of the Secured Transactions Law Reform Project, informs the debate about reform and advances novel arguments written by world renowned experts that will build upon the existing literature, and as such will be of interest to academics, legal practitioners and the judiciary involved in secured transactions law around the world. The text considers reform initiatives that have taken place up to the end of April 2016. It has not been possible to incorporate events since then into the discussion. However, notable developments include the banks decree passed by the Italian Government on 29th June 2016, and the adoption of the Model Law on Secured Transactions by UNCITRAL on 1st July 2016.

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.

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