Floating Charges in Comparative Perspective
Published on 29. April 2025
Book
Hardback
444 pages
978-1-0353-1713-4 (ISBN)
Description
This edited collection examines floating charges, a special type of security that covers a class of revolving assets, and functional equivalents across the world.
The book explores common threads and points of disparity in how floating charges are used and regulated across different jurisdictions, drawing on expert insights in the field of security rights. It includes a wide-ranging comparative overview of floating security in 40 jurisdictions, as well as chapters which discuss the historical, doctrinal and practical contexts surrounding such security within the legal systems of selected jurisdictions in Africa, Asia, Europe and North America. The authors analyse discrete aspects of relevant security rights including creation rules, digital assets, the encumbrance of intermediated securities and wider property law issues.
Floating Charges in Comparative Perspective is a valuable resource for academics and students in commercial law, company and insolvency law, comparative law and property law. Additionally, it is beneficial to legislators, policymakers and practitioners, particularly those involved in cross-border secured transactions.
The book explores common threads and points of disparity in how floating charges are used and regulated across different jurisdictions, drawing on expert insights in the field of security rights. It includes a wide-ranging comparative overview of floating security in 40 jurisdictions, as well as chapters which discuss the historical, doctrinal and practical contexts surrounding such security within the legal systems of selected jurisdictions in Africa, Asia, Europe and North America. The authors analyse discrete aspects of relevant security rights including creation rules, digital assets, the encumbrance of intermediated securities and wider property law issues.
Floating Charges in Comparative Perspective is a valuable resource for academics and students in commercial law, company and insolvency law, comparative law and property law. Additionally, it is beneficial to legislators, policymakers and practitioners, particularly those involved in cross-border secured transactions.
Reviews / Votes
'A comprehensive and timely examination of floating charges and their functional equivalents across more than 40 jurisdictions. Combining empirical comparative research with detailed national studies, the volume illuminates how different legal systems conceptualise, implement, and regulate non-possessory security interests that enable businesses to use and dispose of assets in the ordinary course of trade until crystallisation.' -- Jennifer LL Gant, Eurofenix 'This book offers an excellent overview of how a security right can be established on continuously changing assets. It provides insights into the problems this presents from a more restricted approach to property rights. The topic is analysed across legal traditions, and the history of floating security rights is examined, with a broad global overview that includes Africa, China, Europe and North America - an impressive work of global comparative property law analysis.' -- Sjef van Erp, Emeritus Professor, Maastricht University, the NetherlandsMore details
Language
English
Place of publication
Cheltenham
United Kingdom
Target group
College/higher education
Professional and scholarly
Dimensions
Height: 234 mm
Width: 156 mm
ISBN-13
978-1-0353-1713-4 (9781035317134)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Persons
Edited by Alisdair MacPherson, Senior Lecturer in Commercial Law, University of Aberdeen, UK and Caroline Sophie Rapatz, Professor of Civil Law, European and International Private and Procedural Law and Comparative Law, Christian Albrechts University of Kiel, Germany
Content
Contents
Introduction to Floating Charges in Comparative Perspective 1
Alisdair MacPherson and Caroline Sophie Rapatz
1 A comparative overview of floating charges and functional
equivalents 12
Alisdair MacPherson and Caroline Sophie Rapatz
2 Floating charges in England 86
Andreas Televantos
3 The evolution of floating charges in Ghana, Kenya and Nigeria 109
Chike Emedosi
4 The decisive influence of publicity on the historical
development of continental European floating security rights 151
Vincent van Hoof
5 The general hypothecation of movable property in South
African law 180
Reghard Brits
6 The floating lien in American law: from historical accounts to
digital assets 200
Christopher K. Odinet
7 The floating charge in Chinese law: following the English
model? 233
Zhicheng Wu and Hao Zhang
8 The English floating charge and the conceptualisation of a
French global security 253
Muriel Renaudin
9 Floating security in Quebec? Hypothecs on a universality of
movable property 284
Catherine Walsh
10 Drifting in the currents: floating charges under Romanian law 316
Radu Rizoiu
11 The short history of the Hungarian floating security 340
Tibor Tajti
12 Floating charges in the Nordic countries 371
Bjorn Lotveit, Astrid Millung-Christoffersen, Patrik
Lindskoug and Teemu Juutilainen
13 The encumbrance of intermediated securities in Switzerland 403
Alexandra Dal Molin-Kraenzli
Introduction to Floating Charges in Comparative Perspective 1
Alisdair MacPherson and Caroline Sophie Rapatz
1 A comparative overview of floating charges and functional
equivalents 12
Alisdair MacPherson and Caroline Sophie Rapatz
2 Floating charges in England 86
Andreas Televantos
3 The evolution of floating charges in Ghana, Kenya and Nigeria 109
Chike Emedosi
4 The decisive influence of publicity on the historical
development of continental European floating security rights 151
Vincent van Hoof
5 The general hypothecation of movable property in South
African law 180
Reghard Brits
6 The floating lien in American law: from historical accounts to
digital assets 200
Christopher K. Odinet
7 The floating charge in Chinese law: following the English
model? 233
Zhicheng Wu and Hao Zhang
8 The English floating charge and the conceptualisation of a
French global security 253
Muriel Renaudin
9 Floating security in Quebec? Hypothecs on a universality of
movable property 284
Catherine Walsh
10 Drifting in the currents: floating charges under Romanian law 316
Radu Rizoiu
11 The short history of the Hungarian floating security 340
Tibor Tajti
12 Floating charges in the Nordic countries 371
Bjorn Lotveit, Astrid Millung-Christoffersen, Patrik
Lindskoug and Teemu Juutilainen
13 The encumbrance of intermediated securities in Switzerland 403
Alexandra Dal Molin-Kraenzli