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Implementing the Cape Town Convention and the Domestic Laws on Secured Transactions

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ناشر:
Springer
دسته بندی:

شابک: ۹۷۸۳۳۱۹۴۶۴۶۸۸

سال چاپ:۲۰۱۷

کد کتاب:961
۳۹۰ صفحه - وزيري (شوميز) - چاپ ۱
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The 2001 Cape Town Convention on International Interests in Mobile Equipment, with its associated Protocols relating to aircraft objects, railway rolling stock and space assets, is undoubtedly one of the most important private commercial law conventions of recent times. The Convention has now received 72 ratifications and the Aircraft Protocol (the only one currently in force) 65 ratifications, an astonishing achievement in under 15 years. Now a new Protocol, devoted to agricultural, mining and construction equipment, is on the horizon, and the first meeting of a UNIDROIT Committee of governmental experts is to be held in the first half of 2017. There has been a growing amount of literature devoted to the analysis of the Convention and its economic impact, including numerous doctoral theses, but relatively little has been written on the mode and adequacy of its implementation in the legislation of Contracting States. The appearance of this volume, which is based on the general report and national reports presented at the XIXth International Congress of Comparative Law held at Vienna in July 2014, is therefore most timely. An opening chapter by Professor Jeffrey Wool, who himself played a leading role in the development of these instruments, notes the importance of ensuring that they are properly implemented and given priority over domestic law, a point which he has previously developed in a series of articles. Skilfully introduced and edited by Professor Souichirou Kozuka, who was also heavily involved in the Cape Town project, Implementing the Cape Town Convention and the Domestic Laws of Secured Transactions contains an incisive general report by Professor Kozuka outlining the key features of the Convention and Protocols. This is followed by contributions from leading scholars, government lawyers and legal practitioners in private practice, which examine the existing national laws governing security and title-retention interests in nine Contracting and nine non-Contracting States, the impact of the Convention on the existing laws of Contracting States and the techniques adopted to implement the Convention and Aircraft Protocol.