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Comparative Law of Security Interests and Title Finance

Comparative Law of Security Interests and Title Finance
3rd Edition
Series:  Law and Practice of International Finance Series
ISBN:  9780414044753
Published by:  Sweet & Maxwell
Publication Date:  24 Jul 2019
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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The Law and Practice of International Finance series is your definitive guide to international finance. It considers the full range of topics across nine volumes, setting out the law and practice of trading assets on the international markets. This essential work, by one of the leading finance specialists of a generation, provides a simple, unified and distilled account of the whole topic.

This book covers the essential principles of security interests and title finance from a practical perspective, providing the reader with an in-depth explanation of the core concepts underlying the law and practice. It sits beside volume 4 of the series, which provides a comparative overview of over 300 jurisdictions.

Philip Wood is one of the leading authorities on international finance worldwide, as well as a practitioner and teacher. He was a partner in international law firm Allen & Overy until his retirement in 2018, and for ten years was head of the banking department. Subsequently he led the firm’s Global Law Intelligence Unit. Philip is the Yorke Distinguished Visiting Fellow at the University of Cambridge, and has previously been Visiting Professor in International Financial Law at the University of Oxford, Queen Mary University of London, and the London School of Economics. He has lectured at more than 60 universities worldwide and has written more than 20 books.

  • Covers the essentials of security interests and title finance from a practical perspective
  • Advanced study of the law governing asset-backed finance in more than 300 jurisdictions in the world
  • Contains summaries, checklists and precedents, allowing complex concepts to be applied in real-world scenarios
  • Topics covered include:
    • The creation of security interests
    • Principles of publicity under the UCC
    • Transfers of secured debt
    • The enforcement of security interests
    • The practice and documentation of security packages
    • The core principles of title finance, finance leases and repos
    • The international instruments governing security interests and title finance
  • Conflict of laws issues as they pertain to security interests


Part 1: General
  1. Security Interests and World Financial Law
  2. Understanding English and American Security Interests
  3. Rationale and Meaning of Security Interests
  4. Classification of Main Sectors of Secured Finance
  5. Classification of Assets
  6. Classification of jurisdictions of the World
  7. English common law jurisdictions
  8. General review of the Napoleonic group
  9. Roman-Germanic jurisdictions group
  10. Other Jurisdictions
Part 2: Legal Topics

13 Parties: Debtors, Creditors and Trustees
14 Formalities, Costs and Taxes
15 Scope Of Security Interests and Universal Charges
16 Creation of Security Interests
17 Derivative assets, accessories and proceeds
18 Inalienable Assets; Negative Pledges
19 Publication (Perfection) of Security Interests: Principles
20 Perfection Under UCC Article 9
21 Perfection In English-Based Jurisdictions
22 Secured Debt
23 Transfers of Secured Debt
24 Priorities: Policies Classification
25 Priority over Unsecured Creditors: the Ladder
26 Summary of Priority Rules: Owners, Buyers, Other Secured Creditors
27 Priorities: Asset Title Registers
28 Filing Registers Indexed by Debtor
29 Priorities: Particular Contests
30 Subordinated Secured Debt
31 Avoidance of Security Interests as a Preference
32 Financial Assistance to Buy Own Shares
33 Enforcement of Security Interests
34 Enforcement on Insolvency

Part 3: Practice and Documents

35   Security Packages
36 Real Property
37 Security Interests over Goods
38 Ships and Aircraft
39 Contracts, Debts and Charge-backs
40 Security Interests over Investments
41 Security Interests over Insurances
42 Security Interests over Intellectual Property
43 Deal Implementation
44 Legal Opinion on Security Interests
45 Terms of Security Agreements I: Creation and Perfection
46 Security Agreements II: Secured debt; trustees; third party security
47 Security Agreements III: Representations; covenants
48 Security Agreements IV: Events of Default; Enforcement; Close

Part 4: Title Finance

49    Title Finance: General Principles
50 Title Finance: Finance Leases
51 Title Finance: Repos
52 EU Financial Collateral Directive 2002
53 Geneva Aircraft Convention of 1948
54 Cape Town Mobile Equipment Convention (Aircraft) 2001
55 Other International Instruments
56 Conflict of Laws I: Classification of Issues
57 Conflicts II: Contractual Aspects of Security Agreements


Reviews of 2nd edition
“Professor Wood presents an excellent historical survey of financial law (starting with the establishment of banks and credit systems in the 1400s and developments during the industrial revolution through to the adoption by modern economies of corporate rescue laws). […] Professor Wood goes on to provide a detailed analysis of the various types of security interests and the methods used to create and recognise them.” 
– J Atwood, Uniform Law Review, 2009

“Of the many admirable qualities of the book, perhaps the most admirable is its international approach. All the books in the series shall remain classics in terms of their content and presentation, but this title is one of the centrepieces of the series, providing the reader with a full coverage of key topics and themes in security interests and title finance based on the author's unique description and characterisation of the legal systems worldwide.” 
- G Gómez Giglio, Journal of International Banking Law and Regulation, 2008


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