A single framework governing secured transactions? Comparative reflections

Frederique Dahan

Chapter 3 in Research Handbook on Secured Financing in Commercial Transactions, 2015, pp 62-96 from Edward Elgar Publishing

Abstract: The chapter takes as a starting point that, whereas there is a growing body of evidence on the economic impact of secured transactions reforms, there are different schools of thoughts as to what legal elements are actually essential for economic benefits to be reaped. This suggests that secured transactions law is an area where a good deal of complexity and inefficiency exists worldwide. The chapter focuses on one aspect of the secured transactions legal regime over which there is perhaps the greatest divergence of views and at times a good deal of misunderstanding: the scope of the regime. The chapter begins by listing four different objectives that policy-makers may seek to achieve by adopting a particular approach to the scope of the legal framework, and then reviews these objectives in a number of jurisdictions which have conducted reform or are planning to do so. The chapter shows that there are subtle differences in the way the four objectives are implemented. Not only have very few countries attempted to fulfil all four objectives at once, but their approach has been different. Policy objectives are defined, and then revisited, subject to internal and external influences.

Keywords: Development Studies; Economics and Finance; Law - Academic (search for similar items in EconPapers)
Date: 2015
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.elgaronline.com/view/9781781001837.00011.xml (application/pdf)
Our link check indicates that this URL is bad, the error code is: 503 Service Temporarily Unavailable

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:elg:eechap:14776_3

Ordering information: This item can be ordered from
http://www.e-elgar.com

Access Statistics for this chapter

More chapters in Chapters from Edward Elgar Publishing
Bibliographic data for series maintained by Darrel McCalla ().