The Law of Credit and Security, 3rd Edition by Professor Mary Donnelly

The Law of Credit and Security

A comprehensive analysis of Credit and security law in Ireland

The third edition of this text provides a comprehensive update of all aspects of this fastmoving area of law and regulation, encompassing credit and debt, and the operation of security. This edition also includes expanded treatment of personal debt restructuring and bankruptcy.

New content includes:

  • Detailed analysis of changes to the European and Irish regulatory frameworks for credit service providers
  • In-depth consideration of consumer law developments, including the role of the Unfair Terms in Consumer Contracts Regulations 1995 in home loan repossessions
  • Detailed analysis of the Personal Insolvency Act 2012 as amended and the body of case law which has emerged
  • Detailed analysis of the impact of the amendments to the Bankruptcy Act 1988 and the body of case law which has developed
  • Includes fully up-to-date analysis of relevant case law on all aspects of credit and security

About the Author

Mary Donnelly is a Professor of Law at University College Cork. In addition to The Law of Credit and Security, her books include Healthcare Decision-Making and the Law: Autonomy, Capacity and the Limits of Liberalism (Cambridge University Press, 2010); and she is coauthor of End-of-Life Care: Ethics and Law (Cork University Press, 2011) and Consumer Law: Rights and Regulation (Round Hall, 2014) and co-editor of Ethical and Legal Debates in Irish Healthcare: Confronting Complexities (Manchester University Press, 2016). She has published in a wide range of international and Irish journals.

She has collaborated on projects funded by the European Commission, the Irish Research Council for the Humanities and Social Sciences, the National Children's Office, the Irish Research Council, the Wellcome Trust, and the Irish Hospice Foundation, and has acted as consultant for public agencies and legal firms. She is joint-chair of the HSE National Consent Advisory Group and of the HSE Assisted Decision-Making Commencement Steering Committee and is a member of the National Research Ethics Committee and of the Mental Health Commission Legislation Committee. She was a visiting fellow at Monash University, Melbourne (2002), the London School of Economics (2009) and University College London in 2016.

Table of Contents

Chapter 1: Credit in Context: History and Crisis
Chapter 2: Regulation of Credit: International and European
Chapter 3: The Irish Regulatory Framework for Credit Providers
Chapter 4: Consumer Protection: Context and General Framework
Chapter 5: Regulating Consumer Credit
Chapter. 6: Access to and Forms of Credit
Chapter 7: The Loan Contract
Chapter. 8: Corporate Borrowing
Chapter 9: Lender Liability
Chapter 10: Nature, Purposes and Forms of Security-Taking
Chapter 11: Possessory Security
Chapter 12: Security over Land
Chapter 13: Security over Personal Property
Chapter 14: Security over Company Property
Chapter 15: Security over Tangibles
Chapter 16: Security over Intangibles
Chapter 17: Personal Security: Guarantees and Analogous Arrangements
Chapter 18: Guarantees: Enforcement, Surety Rights and Vitiating Factors
Chapter 19: Debt Recovery
Chapter 20: Secured Creditors' Remedies: Sale and Possession
Chapter 21: Receivership
Chapter 22: Corporate Debt Restructuring and Examinership
Chapter 23: Personal Debt Restructuring
Chapter 24: Bankruptcy
Chapter 25: Corporate Insolvency

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