Universität Wien FIND

030455 KU Secured financing (2014S)

2.00 ECTS (1.00 SWS), SPL 3 - Rechtswissenschaften
Continuous assessment of course work

Details

max. 25 participants
Language: English

Lecturers

Classes (iCal) - next class is marked with N

Monday 12.05. 17:15 - 18:45 Seminarraum SEM33 Schottenbastei 10-16, Juridicum, 3.OG
Monday 19.05. 17:15 - 18:45 Seminarraum SEM43 Schottenbastei 10-16, Juridicum, 4.OG
Monday 26.05. 17:15 - 18:45 Seminarraum SEM31 Schottenbastei 10-16, Juridicum, 3.OG
Monday 02.06. 17:15 - 19:15 Seminarraum SEM42 Schottenbastei 10-16, Juridicum, 4.OG

Information

Aims, contents and method of the course

Scope of the Course

The course focuses on analyzing key concepts in secured transactions law from the comparative perspective of the UNCITRAL Legislative Guide on Secured Transactions. At the beginning of each class the students will be introduced to definitions and concepts to be considered in depth during the class. This will be followed by presentation of secured transactions, insolvency and private international law issues in the order they are addressed in the UNCITRAL Legislative Guide. Against this background, the final part of each class will be devoted to discussing advantages and disadvantages of the policy approaches analyzed. Participants are expected to contribute to the discussions.

Overview of course topics and schedule

1. Introduction to uniform law & introduction to international secured transactions law (2 May).
2. Creation, third-party effectiveness, priority and enforcement of security interests in goods, inventory, equipment, receivables, bank accounts letters of credit, negotiable instruments, negotiable documents and intellectual property (9 May)
3. Acquisition financing, insolvency and private international law (16 May)

Assessment and permitted materials

Assessment will be on the basis of an essay or a test - tbs (70%) and performance in the class (30%).

Minimum requirements and assessment criteria

Course Objectives

The purpose of this course is to:

- provide students with an overview of international secured transactions with a particular focus on the UNCITRAL Legislative Guide on Secured Transactions
- help students appreciate the practical importance of secured transactions following a comprehensive approach, including retention-of-title sales and financial leases, registration, insolvency and applicable law issues
- help students to identify, on the basis of comparative information, advantages and disadvantages of national secured transactions laws
- equip students with basic knowledge necessary while working in an international environment, in particular, in dealing with international secured transactions
- provide students with the key comparative skills in order to facilitate work involving foreign laws
- Open students’ minds to controversial issues relating to secured transactions law, inspire their research and enhance their future experience in the legal practice.

Examination topics

Preparation required:

Students will be expected to read the terminology and recommendations of the UNCITRAL Legislative Guide on Secured Transactions (http://www.uncitral.org/uncitral/en/uncitral_texts/security/Guide_securedtrans.html) and the Supplement on Intellectual Property (http://www.uncitral.org/uncitral/en/uncitral_texts/security/ip-supplement.html)

Students will also be expected to read:

1. Spiros V. Bazinas, The work of UNCITRAL on security interests: an overview, Uniform Commercial Law Review, NS-Vol. XV, 2010;
2. Spiros Bazinas, Key objectives and fundamental policies of the UNCITRAL Legislative Guide on Secured Transactions, from the Reform of the UK Personal Property Security Law: Comparative Perspectives, ed. By John De Lacy (Routledge-Cavendish, London and New York, 2010); and
3. Ulrich Drobnig, Basic issues of European rules on security in movables, from the same book as 2 above.

Further information on readings and materials (specification of excerpts to be read; availability of the textbook in the University Library or otherwise) will be posted in due course.

Reading list

Course Materials:

- The UNCITRAL Legislative Guide on Secured Transactions and the Supplement on Security Rights in Intellectual Property.
- Additional readings may be assigned for particular classes.

Additional recommended reading:

- Hugh Beale, Michael Bridge, Louise Gullifer and Eva Lomnicka, The law of security and title based financing, Oxford University Press, 2012, 1.01-2.20, 4.01-9.26, 12.01-13.27, and 18.01-21.04.
- Moritz Brinkmann, Kreditsicherheiten an beweglichen Sachen, Mohr Siebeck, 2011, 1-83, 424-485.
- Steven L. Harris and Charles W. Mooney, Jr., Security Interests in Personal Property, Cases, Problems and Materials, Fifth edition, Foundation Press, 2011, 1-95.
- UNCITRAL bibliography on security interests under http://www.uncitral.org/pdf/english/bibliography/Consol_Bib_2008_present_7.pdf

Association in the course directory

Last modified: Fr 31.08.2018 08:47