About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

5 ECFR 83 (2008)
Choosing the Right Approach for European Law Making

handle is hein.journals/ecomflr5 and id is 595 raw text is: Choosing the Right Approach for European Law Making by ROBERT H STEVENS- Table of Contents I. Introduction . .... .. ... ... .. .. .... ... .... .... 83 II. The Problem . ............................... 84 1. Rights to Things and Rights to Rights ................ 84 2. Mortgages and Charges ........... ....... 88 3. Commercial Significance ........ .............. 90 a) Intangible M ovables ........................ 90 b) Tangibles Immovable and Movable ................ 95 III. R eform ? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 L Introduction Few topics can be of more practical relevance than cross border security. However, in this paper I wish to argue for less pragmatism and more principle. My primary purpose will be to show how some of the perceived problems with taking security across borders can be overcome. My subsidiary purpose is to suggest that legislative intervention at a European level is almost certain to make matters worse, adding greatly to commercial risk. In this paper I shall, without apology, adopt the perspective of a common lawyer. I shall try to explain to a civilian audience what is conceptually distinct about equitable rights within the common law, and how this has important implications for international transactions, especially in relation to cross border security. Unfashionably, I wish to argue that we need to pay more attention to the legal nature of a transaction, rather than to its commercial effects or functions. Practical commercial people want rules which are certain and work in practice. This can only be achieved by carefully clarifying our legal concepts and doctrine. The alternative is an ever increasing number of transaction specific rules, with consequent incoherence, uncertainty and inflexibility. * Professor of Commercial Law, University College London.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most