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Security Interests under the Cape Town Convention on International Interests in Mobile Equipment

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Security Interests under the Cape Town Convention on International Interests in Mobile Equipment

Name: Security Interests under the Cape Town Convention on International Interests in Mobile Equipment
Brand: Hart Publishing
SKU: 9781509943647
Price: 542.10 HKD
Availability: InStock
Author: Sanam Saidova
ISBN: 9781509943647

By Sanam Saidova

Hart Publishing October 2020

Specifications

ISBN-13: 9781509943647
Publisher: Hart Publishing
Publication: October 2020
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

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Hardback

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This book provides an extensive analytical examination of the Cape Town Convention and its Protocols. The Convention aims to facilitate asset-based financing and leasing of aircraft, railway and space objects by establishing a uniform legal regime for the creation and protection of security and related interests in these types of equipment. The book provides a detailed treatment of issues arising from the creation of security and other international interests under the Convention, from the need to ensure their priority among competing interests to the enforcement of remedies in the case of the debtor's default or insolvency. Security interests in aircraft, railway and space objects are among the most frequently invoked mechanisms used to ensure repayment of the debt. It is their significance, effectiveness and frequency of use that explains this work's focus and scope.

1. The Cape Town Convention and the Concept of the International Interest

I. Introduction

II. The Concept of a Security Interest

III. The Concept of the International Interest

IV. The Legal Nature of International Interests: Proprietary or Contractual?

2. The Constitution of Security and other International Interests under the Convention and the Protocols

I. Introduction

II. The Effect of the Constitution of the International Interest

III. The Autonomous Nature of the International Interest

IV. The Formal Requirements

3. Registering an Interest in the International Registry

I. Introduction

II. Defining Features of the International Registry

III. The Supervisory Authority and the Registrar

IV. Objectives of the Registration and Registrable Interests

4. The Process of Registration

I. Introduction

II. Who Can Effect Registrations in the International Registry?

III. Establishing an Account with the International Registry

IV. Formal Requirements for Registration

V. Validity and Time of Registration

VI. Searches and Search Certificates

VII. Discharge of Registration

5. Priority of Competing Security and other International Interests

I. Introduction

II. The General Rule: First-in-time, First-in-right

III. The Possibility of a Purchase Money Security Interest

IV. Exceptions to the General Rule of Priority

V. Effects of Insolvency

6. Enforcement of Security Interests under the Convention and the Protocols

I. Introduction

II. Defining 'Default'

III. The Requirement of Commercial Reasonableness: General Considerations

IV. Default Remedies of the Secured Creditor

V. Vesting of Object in Satisfaction; Redemption

VI. Speedy Relief Pending Final Determination

VII. Remedies Available under the Protocols

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Security Interests under the Cape Town Convention on International Interests in Mobile Equipment

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Table of Contents

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