Secured Lending in Eastern Europe

Comparative Law of Secured Transactions and the EBRD Model Law
Erscheinungsjahr 2007
ISBN: 978-0-19-826013-4
Verlag: Oxford University Press

Buch, Englisch, 416 Seiten, Format (B × H): 177 mm x 256 mm, Gewicht: 876 g

This new work is the first comparative study of central and eastern European secured transactions laws to be written in English. It gives a valuable insight into the legal reforms taking place in the transition economies of central and eastern Europe (and elsewhere), explaining the general mechanics of secured transactions laws in a helpful and practical way.

The book will explore the characteristics that make security law useful from a practical point of view, the purpose being not merely to describe existing rules on security but to concentrate on the question of how those rules can apply in practice. The author concentrates on seven central and eastern European secured transactions laws in Bulgaria, the Czech Republic, Hungary, Poland, Romania, the Russian Federation and the Slovak Republic. These laws are contrasted with the EBRD's Model Law on Secured Transactions and the EBRD's Core Principles for a Modern Secured Transactions Law. In addition, English, German and US law (which, among others, influenced the EBRD's work) are used as further reference sources.

Zielgruppe

Practitioners and academics specializing in banking and finance law and commercial and property law, especially securities lawyers, financial regulators, securities market professionals, lawyers advising investors in Eastern Europe and their financial backers, reference libraries, both in the UK and internationally, postgraduate students of financial law.

Autoren/Hrsg.

Röver, Jan-Hendrik

Fachgebiete

• Rechtswissenschaften Wirtschaftsrecht
• Rechtswissenschaften Steuerrecht

Inhaltsverzeichnis

- Part I: Approaching the Subject

- 1: Central and Eastern Europe and the Reform of Secured Transactions Laws

- 2: The Practical Need for Security and the Economics of Security

- 3: An Approach to Law Reform

- 4: The Role of Comparative Law and Law Reform

- Part II: Reference Systems of Secured Transactions Law

- 5: Scope of the Analysis and Fundamental Issues of Secured Transactions Law

- 6: Legal Models of Secured Transactions Law in Western Countries

- 7: Charges Under the EBRD Model Law on Secured Transactions

- 8: The EBRD Core Principles for a Modern Secured Transactions Law

- 9: Central and Eastern European Secured Transactions Laws

- Part III: Principles of Secured Transactions Laws in Central and Eastern Europe

- 10: General Principles of Secured Transactions Law

- 11: Secured Debt

- 12: Charged Property

- 13: Person Giving and Person Taking Security

- 14: Creation of Security

- 15: Transfer of Security

- 16: Publicity of Security

- 17: Rights and Obligations of the Person Giving Security and the Person Taking Security Inter Se Prior to Enforcement

- 18: Effects on Third Parties

- 19: Enforcement of Security

- 20: Security in Insolvency

- 21: Termination of Security

- 22: Conclusion

- Appendices

- App 1: Text of the Model Law on Secured Transactions prepared by the European Bank for Reconstruction and Development (1994)

- App 2: Core Principles for a Secured Transactions Law prepared by the European Bank for Reconstruction and Development (1997)

Über Autor(innen)

Jan-Hendrik Röver is a managing partner of Asset Capital Partners, an investment banking firm with offices in Munich and Moscow. Previously he headed the equity funds and asset based mezzanine group in the Project and Asset Based Financing division of Bayerische Hypo- und Vereinsbank AG, Munich. For several years he worked in the legal department of the European Bank for Reconstruction and Development (EBRD) in London. There he was involved in the drafting of a model law on secured transactions (1994), which is used by central and eastern European countries for the reform of their security laws. Dr Rover studied law in Bonn, Geneva, Strasbourg, Munich, Speyer and at the London School of Economics and Political Science. He is dually qualified as an attorney in Germany and a barrister in England and Wales. His book on comparative law (Vergleichende Prinzipien dinglicher Sicherheiten, Munich 1999) was awarded both the Jean Rey prize and the Bruno Heck prize.