Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-vsgnj Total loading time: 0 Render date: 2024-07-19T05:53:42.579Z Has data issue: false hasContentIssue false

6 - Security Interests and Proprietary Priorities in Insolvency

Published online by Cambridge University Press:  04 January 2019

Amnon Lehavi
Affiliation:
Harry Radzyner Law School, Israel
Get access

Summary

Chapter 6 highlights the changing role of financial institutions and other providers of credit in a globalizing economy, and the challenges that these developments pose for the ranking of creditors and distribution of assets upon a cross-border insolvency in view of the local basis of property law. The chapter examines the different types of assets that serve as collaterals, analyzes the disparities among national legal systems about the status of quasi-security interests, such as reservation of title or transfer of ownership for security purposes, and underscores the normative considerations that drive national systems to establish a particular ordering of creditors upon insolvency. The chapter then identifies the various globalization strategies employed to govern cross-border settings, which involve security interests and proprietary priorities in insolvency, from soft law and conflict of laws instruments promoted by bodies such as UNCITRAL, Organization of American States (OAS), or the European Union, and up to more ambitious strategies, such as the one embedded in the creation of a single registry for international security interests in aircrafts under the UNIDROIT Cape Town Convention.
Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×