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

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Description
Contents
Author

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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
1. The Purposes of Security
2. The Concept of Security
3. The Classification of Security
4. What Constitutes a Security Interest
5. The Forms of Consensual Security
6. The Permissible Objects of Security
7. Accretions to the Security
8. Derivative Security Interests
9. The Scope of Secured Obligations
10. The Negative Pledge
11. The Subordination Agreement
12. Sale of Participation in Loan Assets
II. Attachment and Perfection of a Security Interest: General Considerations
1. Principles of Attachment
2. Perfection of a Security Interest
3. Registration under s.859A of the Companies Act 2006
4. The Specialist Registers
5. Proposals for Reform
III. Attachment, Perfection and Effects of Fixed Security in Non-Documentary Receivables
1. Introduction
2. Characterisation and Forms of Security
3. Attachment of Security Interest in Receivables
4. Perfection of Security Interest in Receivables
5. Rights Acquired by the Assignee
6. Legal Impediments to the Creation of Security over a Receivable
IV. The Floating Charge
1. The Conception of the Floating Charge
2. Fixed Charge versus Floating Charge
3. Shifting Assets: Control Techniques
4. Crystallisation of a Floating Charge
5. De-Crystallisation and Re-Crystallisation
6. Enforcement of the Security
7. The Future of the Floating Charge
V. Fixed and Floating Charges: Some Problems of Priority
1. Introduction
2. Principles of Priority at Common Law
3. The Impact of Legislation
4. Priority of Competing Security Interests
5. Competition Between a Fixed Consensual Security Interest and other Types of Interest
6. Ranking of the Floating Charge
7. Waiver of a Security Interest
8. Subordination of a Security Interest
9. The After-Acquired Property Clauseand the Subsequent Purchase-Money Security Interest
10. Impact of Insolvency on a Security Interest
11. Some Typical Priority Problems Outside Insolvency
VI. Interests in Financial Collateral
1. Introduction
2. Types of Financial Collateral
3. Methods of Holding Securities
4. The Nature of the Account Holder's Interest in Intermediated Securities
5. The Settlement Finality Directive and the Financial Collateral Directive
6. Interests in Financial Collateral created by Title Transfer
7. Security Interests in Financial Collateral
8. Rights of Use
9. Enforcement
10. Cross-border Security and the Conflict of Laws
VII. Set-Off: Netting and Abatement
1. Set-Off: Nature, Classification and Development
2. Contractual Set-Off and Netting
3. Current Account Set-Off
4. Independent (Statutory) Set-Off
5. Transaction (Equitable) Set-Off
6. Abatement
7. The Effect of Assignment on Independent and Transaction Set-Off
8. Other Aspects of Independent and Transaction Set-Off
9. Insolvency Set-Off: General Principles
10. Insolvency Set-Off: Special Situations
VIII. Some Aspects of Suretyship Law
1. General Principles
2. Bankruptcy
3. 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.