Secured Credit in Europe

From Conflicts to Compatibility

Teemu Juutilainen (University of Turku)

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Hardback

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English

Hart Publishing
22 March 2018

Private international law & conflict of laws; Commercial law; Banking law

Winner of the 2016–2018 KG Idman Prize.

This monograph seeks the optimal way to promote compatibility between systems of proprietary security rights in Europe, focusing on security rights over tangible movables and receivables. Based on comparative research, it proposes how best to tackle cross-border problems impeding trade and finance, notably uncertainty of enforceability and unexpected loss of security rights. It offers an extensive analysis of the academic literature of more recent years that has appeared in English, German, the Scandinavian languages and Finnish. The author organises the concrete means of promoting compatibility into a centralised substantive approach, a centralised conflicts-approach, a local conflicts-approach and a local substantive approach. The centralised approaches develop EU law, and the local approaches Member State laws. The substantive approaches unify or harmonise substantive law, while the conflicts approaches rely on private international law. The author proposes determining the optimal way to promote compatibility by objective-based division of labour between the four approaches. The objectives developed for that purpose are derived from the economic functions of security rights, the conditions for legal evolution and a transnational conception of justice.

This book is an important contribution to the future of secured transactions law in Europe and more widely. It will be of interest to academics, policymakers and legal practitioners involved in this field.

By: Teemu Juutilainen (University of Turku)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 696g
ISBN: 9781509910069
ISBN 10: 1509910069
Pages: 360
Publication Date: 22 March 2018
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Hardback
Publisher's Status: Active

Teemu Juutilainen is Postdoctoral Researcher at the University of Helsinki, Faculty of Law.

Reviews for Secured Credit in Europe: From Conflicts to Compatibility

Overall, there is a plethora of resources used here to construct the work, which is testimony to its origin as a serious academic endeavour ... In summary, the text would be particularly useful to policy-makers and those involved in the process of law reform from academic, judicial, practitioner or stakeholder backgrounds. For that reason, it can come recommended to all those interested in the asset-security and related fields. -- Paul Omar, Gray’s Inn * International Insolvency Review and Journal of International Banking Law and Regulation * Dr Juutilainen's monograph provides a clear and useful theoretical analysis of the need for the modernisation of secured transactions laws in Europe. -- Orkun Akseli, Durham Law School * Cambridge Law Journal *