The article explores the different role played by party autonomy in enforcement procedures in recent international instruments dealing with secured transactions, with particular regard to the Cape Town Convention on International Interests on Mobile Equipment, the UNCITRAL Legislative Guide and Book IX of the DCFR. It highlights that there is a growing convergence in the approach followed by international instruments and concludes that most of the divergences are justified in view of the different nature and scope of the instrument. It underlines that the most difficult open issues relate in particular to the treatment of retention of title devices and to consumer protection.
The Role of Party Autonomy in the Enforcement of Secured Creditor’s Rights: International Developments
VENEZIANO, Anna
2015-01-01
Abstract
The article explores the different role played by party autonomy in enforcement procedures in recent international instruments dealing with secured transactions, with particular regard to the Cape Town Convention on International Interests on Mobile Equipment, the UNCITRAL Legislative Guide and Book IX of the DCFR. It highlights that there is a growing convergence in the approach followed by international instruments and concludes that most of the divergences are justified in view of the different nature and scope of the instrument. It underlines that the most difficult open issues relate in particular to the treatment of retention of title devices and to consumer protection.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
