International and Comparative Secured Transactions (LAWS0100)

The module considers how security is granted by companies and the legal and practical issues in doing so

The taking of security is an aspect of the law of property and the module will therefore also consider principles underlying the creation of property rights and the incidence of proprietary interests arising in secured transactions. It will also look at the effectiveness of security as against other secured creditors and insolvency officers.

While the focus is on current English law, comparative perspectives will be developed where possible and selected proposals for reform of English law will be considered.

Module syllabus

This module is subject to change.

1. Types of security interests
2. Fixed and floating charges
3. Security in intangibles
4. Creation and effectiveness of other proprietary interests created for the purpose of security: ‘quasi-security’
5. Registration
6. Priorities
7. Enforcement
8. The effect of insolvency
9. Cross-border security
10. Reform

Recommended materials

• R Calnan, ‘Taking Security’ (4th edn Lexis Nexis 2018)
• Louise Gullifer (ed), Goode and Gullifer on Legal Problems of Credit and Security (6th edition Sweet & Maxwell 2016)
• H Beale, M Bridge, L Gullifer, E Lomnicka, The Law of Security and Title-Based Financing (3rd edn OUP 2018)

Module reading lists and other module materials will be provided via online module pages, available at the beginning of term once students have enrolled.

Preliminary reading

Candidates not familiar with the principles of English personal property law may benefit from:

• Chapters 1 and 11 of D Sheehan, the Principles of Personal Property (2nd edn Hart 2017)
• Part I and III.F4 in B McFarlane, The Structure of Property Law (Hart 2008)

Key information