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Goode & Gullifer on Legal Problems of Credit and Security, 7th Edition

Goode & Gullifer on Legal Problems of Credit and Security, 7th Edition

Author: Professor Louise Gullifer; Professor Sir Roy Goode, QC
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414103894

Previous Edition ISBN: 9780414064423
Published In: December 2022
Format: Hardback , 416 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9780414112728

List Price: HKD 2,508.00

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Description
Contents
Author

Details

Goode and Gullifer on Legal Problems of Credit and Security clearly explains the fundamental concepts of common law and equity as they affect secured transactions.

The book, now in its 7th edition, provides a thorough yet concise explanation of the law of credit and security enabling the reader to understand how the underlying principles apply to different transactions.

Edited by Professor Louise Gullifer, the book defines how security can be relied upon as part of a credit agreement and explain key concepts such as attachment, set-off, fixed and floating charges and financial collateral.

Explores the fundamental concepts of the law affecting secured transactions
Illuminates the law of credit and security so that complex, technical areas can be more readily understood
Outlines the different forms that credit and security can take
Provides deep analysis of the legal principles where the law is unclear
Addresses the legal implications of changes in the organisation of the credit and security market
Covers case law and legislative developments as well as international conventions and European Community Directives

I. The Nature and Forms of Consenual Security

The Purposes of Security
The Concept of Security
The Classification of Security
What Constitutes a Security Interest
The Forms of Consensual Security
The Permissible Objects of Security
Accretions to the Security
Derivative Security Interests
The Scope of Secured Obligations
The Negative Pledge
The Subordination Agreement
Sale of Participation in Loan Assets

II. Attachment and Perfection of a Security Interest: General Considerations

Principles of Attachment
Perfection of a Security Interest
Registration under s.859A of the Companies Act 2006
The Specialist Registers
Proposals for Reform

III. Attachment, Perfection and Effects of Fixed Security in Non-Documentary Receivables

Introduction
Characterisation and Forms of Security
Attachment of Security Interest in Receivables
Perfection of Security Interest in Receivables
Rights Acquired by the Assignee
Legal Impediments to the Creation of Security over a Receivable

IV. The Floating Charge

The Conception of the Floating Charge
Fixed Charge versus Floating Charge
Shifting Assets: Control Techniques
Crystallisation of a Floating Charge
De-Crystallisation and Re-Crystallisation
Enforcement of the Security
The Future of the Floating Charge

V. Fixed and Floating Charges: Some Problems of Priority

Introduction
Principles of Priority at Common Law
The Impact of Legislation
Priority of Competing Security Interests
Competition Between a Fixed Consensual Security Interest and other Types of Interest
Ranking of the Floating Charge
Waiver of a Security Interest
Subordination of a Security Interest
The After-Acquired Property Clauseand the Subsequent Purchase-Money Security Interest
Impact of Insolvency on a Security Interest
Some Typical Priority Problems Outside Insolvency

VI. Interests in Financial Collateral

Introduction
Types of Financial Collateral
Methods of Holding Securities
The Nature of the Account Holder's Interest in Intermediated Securities
The Settlement Finality Directive and the Financial Collateral Directive
Interests in Financial Collateral created by Title Transfer
Security Interests in Financial Collateral
Rights of Use
Enforcement
Cross-border Security and the Conflict of Laws

VII. Set-Off: Netting and Abatement

Set-Off: Nature, Classification and Development
Contractual Set-Off and Netting
Current Account Set-Off
Independent (Statutory) Set-Off
Transaction (Equitable) Set-Off
Abatement
The Effect of Assignment on Independent and Transaction Set-Off
Other Aspects of Independent and Transaction Set-Off
Insolvency Set-Off: General Principles
Insolvency Set-Off: Special Situations

VIII. Some Aspects of Suretyship Law

General Principles
Bankruptcy
Vulnerability of Guarantee as Transaction at Undervalue

Professor Sir Roy Goode is a preeminent academic commercial lawyer in the UK. Amongst other achievements, he founded the Centre for Commercial Law Studies at Queen Mary, University of London. He was awarded the OBE in 1972 and was knighted for services to academic law in 2000. He is a Fellow of St John's College, Oxford. He was formerly the Norton Rose Professor of English Law at Oxford University, and is now an Emeritus Professor of Law at the University. He was made an honorary Bencher of the Inner Temple in 1988.

Professor Louise Gullifer has been teaching contract and commercial law at Oxford since 1991 and is currently a Fellow of Harris Manchester College. Before that she practised at the Commercial Bar in chambers at 3 Gray's Inn Place (now 3 Verulam Buildings) where she remains a door tenant.