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Secured Transactions Law in Asia: Principles, Perspectives and Reform

Secured Transactions Law in Asia: Principles, Perspectives and Reform

Author: Louise Gullifer; Dora Neo
Publisher: Hart Publishing
ISBN: 9781509946631

Published In: October 2022
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509926497

List Price: RM491.33

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Description
Contents

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This collection of essays offers a unique insight and overview of the secured transactions law in many of the most important countries in Asia, as well as reflections on the need for, benefits of and challenges for reform in this area of the law.

The book provides a mixture of general reflections on the history, successes and challenges of secured transaction law reform, and critical discussion of the law in a number of Asian countries. In some of the countries, the law has already been reformed, or reform is under way, and here the reforms are considered critically, with recommendations for future work. In other countries, the law is not yet reformed, and the existing law is analysed so as to determine what reform is desirable, and whether it is likely to take place.

First, this book will enable those engaging with the law in Asia to understand better the contours of the law in both civil and common law jurisdictions. Second, it provides analytical insights into why secured transactions law reform happens or does not happen, the different methods by which reform takes place, the benefits of reform and the difficulties that need to be overcome for successful reform. Third, it discusses the need for reform where none has yet taken place and critically assesses the reforms which have already been enacted or are being considered. In addition to providing a forum for discussion in relation to the countries in question, this book is also a timely contribution to the wider debate on secured transactions law reform which is taking place around the world.

1. Introduction

Louise Gullifer, University of Cambridge, UK and Dora Neo, National University of Singapore

PART I: GENERAL

2. Lost in Transplantation? Modern Principles of Secured Transactions Law as Legal Transplants

Charles W. Mooney, Jr, University of Pennsylvania, USA

3. Personal Property Securities Law Reform in Developed Jurisdictions

Anthony Duggan, University of Toronto, Canada

4. Secured Transactions Law Reform in Asia and Access to Finance: What can the UNCITRAL Model Law on Secured Transactions Offer?

N. Orkun Akseli, University of Durham, UK

5. Secured Transactions Reform in East Asia: Progress and Challenges

Elaine MacEachern, World Bank Group, Financial Institutions Group Advisory Services (Washington DC), USA

PART II: CIVIL LAW JURISDICTIONS

6. Secured Transactions Law Reform in Civil Law Jurisdictions: Challenging Tradition, Facing Reality, and Embracing Modernity

Teresa Rodríguez de las Heras Ballell, , Universidad Carlos III de Madrid, Spain

7. The Law of Secured Transactions in China: Comparison and Future Reform

Lebing Wang, University of International Business and Economics, Beijing, PRC.

8. Secured Transactions Law Reform in Indonesia: Fiducia, at a Crossroads

Ibrahim Assegaf, STIH Indonesia Jentera, Jakarta, Indonesia and Aria Suyudi, STIH Indonesia Jentera, Jakarta, Indonesia

9. Navigating the Patchwork of Secured Transactions Rules in Japan: Towards a Framework Conducive to Asset Based Lending

Megumi Hara, Gakushuin University, Japan

10. Banking the Unbanked: An Examination of the Personal Property Security Act of the Philippines

Anthony Amunategui Abad, Ateneo de Manila University, Philippines, David Kintanar Rosario III, Abad Alcantara & Associates, Philippines and Griselda (Gay) Santos, Financial Executives Institute of the Philippines

11. Korea: The Coexistence of Old and New Secured Transactions Law Regimes

Youngjoon Kwon, Seoul National University, Korea

12. Law Reform of the Secured Transactions Regime in Taiwan: Modernisation, Controversies, and Prospects

Andrew Jen-Guang Lin, National Taiwan University, Taiwan

13. Implementation of International Standards on Secured Transactions into the Thai Legal System: Possibilities and Proposals

Parawee Kasitinon, Thammasat University, Bangkok, Thailand

14. Secured Transactions Reform in Vietnam: Prominent Achievements, Experiences, and Lessons Learnt

Huyen Pham, International Finance Corporation (IFC), World Bank Group, Vietnam

PART III: COMMON LAW JURISDICTIONS

15. Secured Transactions Law Reform in Common Law Jurisdictions (Brunei Darussalam as an Example)

Louise Gullifer, University of Cambridge, UK

16. Bangladesh Secured Transactions Framework: Moving Towards a Reform