General editors' preface |
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xi | |
Preface |
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xiii | |
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xv | |
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Table of cases cited by name |
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xvii | |
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xxii | |
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Part I Introduction and context |
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3 | (3) |
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Introduction: security rights in movable property within the common market and the approach of the study |
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6 | (32) |
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A labyrinth of creditors: a short introduction to the history of security interests in goods |
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38 | (16) |
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Security in movables in the United States - Uniform Commercial Code Article 9: a basis for comparison |
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54 | (27) |
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The English law of security: creditor-friendly but unreformed |
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81 | (17) |
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The European Bank for Reconstruction and Development's Secured Transactions Project: a model law and ten core principles for a modern secured transactions law in countries of Central and Eastern Europe (and elsewhere!) |
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98 | (73) |
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117 | (11) |
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128 | (22) |
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150 | (21) |
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Case 1: Furniture for a new office |
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171 | (59) |
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Transfer of ownership -- general effects of insolvency on property -- statutory rights of unpaid seller -- resolutive clause -- goods in transit |
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171 | (51) |
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222 | (8) |
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Case 2: The deceived seller |
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230 | (16) |
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Transfer of property -- effect of fraud -- effects of execution on property law questions |
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230 | (13) |
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243 | (3) |
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Case 3: Machinery supplied to be used by the buyer |
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246 | (41) |
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Simple retention of title |
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246 | (36) |
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282 | (5) |
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Case 4: Jackets for resale |
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287 | (14) |
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Simple retention of title -- entitlement to resell |
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287 | (11) |
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298 | (3) |
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Case 5: Motor cars supplied and resold (I) |
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301 | (50) |
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Protection of bona fide purchaser -- retention of title and resale -- consignment -- special legislation |
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302 | (41) |
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343 | (8) |
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Case 6: Motor cars supplied and resold (II) |
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351 | (14) |
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Retention of title and resale -- claim arising out of sub-sale still existing |
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351 | (11) |
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362 | (3) |
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Case 7: Supply of material to manufacturer (I) |
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365 | (33) |
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Retention of title and products clause -- property effects of manufacturing |
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366 | (28) |
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394 | (4) |
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Case 8: Supply of material to manufacturer (II) |
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398 | (19) |
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Retention of title -- sale of manufactured products -- combined products and proceeds clause |
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398 | (16) |
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414 | (3) |
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Case 9: Too many toasters |
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417 | (21) |
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All-monies/sums clause -- effects of commingling on retention of title |
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418 | (16) |
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434 | (4) |
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Case 10: Bank loan on the basis of a car fleet |
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438 | (42) |
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Security ownership -- sale and lease-back -- other non-possessory security rights in individualised movables |
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438 | (35) |
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473 | (7) |
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Case 11: Bank loan for a wholesaler |
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480 | (51) |
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Security right in revolving stock-in-trade -- security ownership -- enterprise charge -- actio Pauliana |
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481 | (44) |
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525 | (6) |
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Case 12: Bank loan on the basis of money claims (I) |
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531 | (42) |
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Security assignment of claims in respect of an identified debtor -- distinction between present and future claims -- dependence of the secured creditor's rights on communication of the security right to the debitor cessus |
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532 | (36) |
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568 | (5) |
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Case 13: Bank loan on the basis of money claims (II) |
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573 | (22) |
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Security right to a claim against a debtor whose identity is unknown at the time the security right is created -- rights of the secured party in execution |
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574 | (18) |
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592 | (3) |
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Case 14: Finance leasing of computers |
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595 | (28) |
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Finance leasing -- lessor's and lessee's rights in insolvency of the other partner -- effects of purchase option |
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595 | (24) |
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619 | (4) |
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Case 15: Indebted businessman sells business to brother |
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623 | (24) |
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Liability of purchaser of a business for pre-existing debts -- actio Pauliana |
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623 | (21) |
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644 | (3) |
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Evaluation: a common core? Convergences, subsisting differences and possible ways for harmonisation |
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647 | (27) |
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Index by country |
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674 | (64) |
Index by subject |
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738 | |