The contribution offers a comment of Book IX of the Draft Common Frame of Reference on European Private Law, on Security Rights in Movables, published in 2009. It first looks into the reasons why the development of a common European law on secured transactions would be justified for reasons both of efficiency and equity. It then presents the main policy decisions made by the drafters, focussing in particular on the two controversial points of the publicity of non-possessory security rights over movables through an electronic registry and of the treatment of retention of title instruments and acquisition finance devices. As to publicity, the main objections to a registry system are considered and rejected in the light of the specific regulation proposed in Book IX. As to treatment of acquisition finance devices, the point is made that the draft seems to strike a good balance between economic efficiency and tradition. In conclusion, the rules of DCFR Book IX represent, according to the Author, a significant step towards the achievement of a common European regulation in this important sector, though some issues are still unresolved, in particular the relationship of secured transactions law with insolvency law and the treatment of non consensual liens.[...]

Mobiliarsicherungsrecht im zukuenftigen akademischen gemeinsamen Referenzrahmen

VENEZIANO, Anna
2009-01-01

Abstract

The contribution offers a comment of Book IX of the Draft Common Frame of Reference on European Private Law, on Security Rights in Movables, published in 2009. It first looks into the reasons why the development of a common European law on secured transactions would be justified for reasons both of efficiency and equity. It then presents the main policy decisions made by the drafters, focussing in particular on the two controversial points of the publicity of non-possessory security rights over movables through an electronic registry and of the treatment of retention of title instruments and acquisition finance devices. As to publicity, the main objections to a registry system are considered and rejected in the light of the specific regulation proposed in Book IX. As to treatment of acquisition finance devices, the point is made that the draft seems to strike a good balance between economic efficiency and tradition. In conclusion, the rules of DCFR Book IX represent, according to the Author, a significant step towards the achievement of a common European regulation in this important sector, though some issues are still unresolved, in particular the relationship of secured transactions law with insolvency law and the treatment of non consensual liens.[...]
File in questo prodotto:
Non ci sono file associati a questo prodotto.

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11575/3459
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact