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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Commercial law
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Secured Credit and the Harmonisation of Law - The UNCITRAL Experience (Hardcover)
Loot Price: R3,112
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Secured Credit and the Harmonisation of Law - The UNCITRAL Experience (Hardcover)
Series: Corporations, Globalisation and the Law series
Expected to ship within 10 - 15 working days
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'This is a very timely book that addresses an important subject,
namely, attempts to harmonise the law governing secured
transactions. The focus is on UNCITRAL and its Legislative Guide on
Secured Transactions. Professor McCormack has written a provocative
book that challenges existing orthodoxy. It is a stimulus for
critical thinking and is essential reading for those interested in
the subject. It also provides an informed account of the workings
of UNCITRAL, contains much valuable material on harmonisation and
uniformity, and displays a thorough grounding in the theoretical
literature.' -Michael Bridge, London School of Economics,
UK'Professor McCormack has taken the challenge to write a truly
original book about secured transactions, which is rather good news
when so many publications seem to rehash the same ideas. He is not
afraid to tackle questions usually ignored by lawyers, such as the
political aspects of harmonisation of law. This should challenge
all involved to seriously re-examine the premises on the basis of
which they work.' - Frederique Dahan, European Bank for
Reconstruction and Development This is a discerning analysis of
international harmonization efforts for secured credit law and
examines the role of globalization and finance capital in shaping
such efforts. Gerard McCormack reveals how an 'efficient' law is
often seen to increase the availability, and lower the cost, of
credit, thereby contributing to international development. He
considers whether the most comprehensive international standard the
United Nations Commission on International Trade Law (UNCITRAL)
Legislative Guide (2008) is actually suitable for adoption at the
national level. In particular, he examines the hypothesis that
American law and lawyers have shaped the content of the guide to
the extent that it is not suitable for translation into other laws.
This book will be of great interest to practitioners, policy makers
and academics, as well as students, particularly postgraduate
students, of law and business throughout the world. Contents:
Preface 1. Introduction 2. The Case for Harmonising and Modernising
the Law of International Trade 3. Harmonising and Modernising
Secured Transactions Law 4. National Models and Replication Across
International Frontiers Article 9 of the American Uniform
Commercial Law and the English Common Law 5. International
Harmonisation Efforts Before the UNCITRAL Legislative Guide 6. The
UNCITRAL Secured Transactions Guide 7. The Insolvency Legislative
Guide 8. Conclusion Index
General
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