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Towards Reforming the Legal Framework for Secured Transactions in Nigeria - Perspectives from the United States and Canada (Hardcover, 1st ed. 2016)
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Towards Reforming the Legal Framework for Secured Transactions in Nigeria - Perspectives from the United States and Canada (Hardcover, 1st ed. 2016)
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This book offers a valuable guide to one of the most challenging
areas of commercial law, now frequently referred to as secured
transactions, with a focus on Nigerian, Canadian and United States
perspectives. A debtor's ability to provide collateral influences
not only the cost of the money borrowed, but also in many cases,
whether secured lenders are willing to offer credit at all. The
book proposes that increasing access to, and indeed, lowering the
cost of credit could tremendously boost economic development, while
at the same time arguing that this would best be achieved if the
legal framework for secured transactions in Nigeria, and of course,
any other country with similar experiences, were designed to allow
the use of personal property and fixtures to secure credit.
Similarly, the creation, priority, perfection, and enforcement of
security interests in personal property should be simplified and
supported by a framework that ensures that neither the interests of
secured lenders nor debtors are hampered, so as to guarantee the
continuous availability of affordable credit as well as debtors'
willingness to borrow and do business. The book further argues that
in addition to the obvious preference for real property over
personal property by secured lenders due to the unreformed
secured-transactions legal framework in Nigeria, its
compartmentalized nature has also resulted in unpredictability in
commerce and the concomitant effects of poor access to credit.
Through the comparative research conducted in this book utilizing
the UCC Article 9 and Ontario PPSA as benchmarks, the author
provides reformers with a repository of tested secured-transactions
law solutions, which law reformers in the Commonwealth countries in
Africa and beyond, as well as the business community will find
valuable in dealing with issues that stem from secured
transactions.
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