By Souichirou Kozuka
This publication bargains the research of the connection among the Cape city conference and nationwide legislation on secured transactions. the 1st a part of the ebook considers why nationwide implementation is so very important in terms of the Cape city conference and identifies how leading edge the conference is as a uniform legislations software. the second one half comprises chapters on these states which are events to the Cape city conference, which examine how the conference is applied below the household legislations. The 3rd half comprises chapters on these states that aren't events to the conference, which examine their nationwide legislation and the conference to discover distinct positive aspects of the Cape city Convention’s principles. The fourth half discusses the that means of Protocols on airplane, railway rolling inventory and house resources from the practitioner’s viewpoint. As an entire, the publication bargains insights into the hot degree of uniform deepest legislations and indicates the necessity for additional exam of the topic, so as to be crucial for foreign and nationwide legislators, teachers of comparative and overseas deepest legislations in addition to practitioners who're the clients of the uniform legislations regime.
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Extra resources for Implementing the Cape Town Convention and the Domestic Laws on Secured Transactions
Example text
In England, most charges, fixed or floating, must now be registered with the debtor-based Register of Company Charges, if the debtor is a company or a limited liability partnership. 109 Under these systems, the transaction parties have to consult two registries, an asset-based registry for aircraft mortgages and a debtor-based registry for floating charges. 110 Secondly, some jurisdictions has a notice filing registry, while others not. A notice filing registry accepts filing without reviewing it.
However, even under the administration, due consideration will be given to the 126 See Chaps. 12, 16 and 17. 2 The Cape Town Convention and Its Implementation in Domestic Law: Between… 43 interest of the secured creditor in balancing with the interests of other creditors. 127 In contrast, Portugal’s new Insolvency and Recovery Code of 2004 (CIRE) has integrated the procedures of bankruptcy (liquidation) and restructure (recovery). 128 Among the various jurisdictions, the United States is unique.
6. 110 In Malaysia, the International Interests in Mobile Equipment (Aircraft) Act 2006 (Act 659), which implements the Convention and Aircraft Protocol in Malaysia, explicitly excludes the application of the debtor-based registration of a charge under subsection 108 (3) of the Companies Act 1965 (Act 125). 111 See Chaps. 3, 9 and 11. 112 See Chap. 10. 113 See Chaps. 16 and 20. 114 See Chap. 11. 2 Procedure and Practice of Filing The procedure for filing with the domestic registry is determined in the law or regulation of that jurisdiction.