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Warning! The directory is not yet complete and will be amended until the beginning of the term.

030455 KU Secured financing in the work of UNCITRAL (2016S)

on the basis of UNCITRAL uniform law texts, including insolvency and PIL aspects

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

If there are less than 10 participants, the course will be cancelled.


max. 25 participants
Language: English


Classes (iCal) - next class is marked with N

Thursday 10.03. 17:30 - 19:00 Seminarraum SEM43 Schottenbastei 10-16, Juridicum, 4.OG
Thursday 17.03. 17:30 - 19:00 Seminarraum SEM43 Schottenbastei 10-16, Juridicum, 4.OG
Wednesday 06.04. 17:30 - 19:00 Seminarraum SEM51 Schottenbastei 10-16, Juridicum 5.OG
Thursday 14.04. 17:30 - 19:00 Seminarraum SEM42 Schottenbastei 10-16, Juridicum, 4.OG
Thursday 12.05. 17:30 - 19:00 Seminarraum SEM42 Schottenbastei 10-16, Juridicum, 4.OG
Wednesday 25.05. 17:30 - 19:00 Seminarraum SEM42 Schottenbastei 10-16, Juridicum, 4.OG
Thursday 02.06. 17:30 - 19:00 Seminarraum SEM42 Schottenbastei 10-16, Juridicum, 4.OG


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
1. Introduction to secured financing law
2. Creation, third-party effectiveness, priority and enforcement of security interests in movable property
3. Lending against the security of receivables, bank accounts and securities
4. Intellectual property financing
5. The treatment of security interests in insolvency
6. Law applicable to security interests in movable property

Assessment and permitted materials

Assessment will be on the basis of an essay (40%), a test (40%) and performance in the class (20%).

Minimum requirements and assessment criteria

Course Objectives

The purpose of this course is to:
- Provide students with an overview of uniform secured financing law with a particular focus on the work of UNCITRAL
- Help students appreciate the practical importance of secured financing 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 financing laws
- Equip students with basic knowledge necessary while working in an international
environment, in particular, in dealing with international secured financing
provide students with the key comparative skills in order to facilitate work involving
foreign laws
- Open students' minds to controversial issues relating to secured financing 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:
- UNCITRAL Legislative Guide on Secured Transactions (2007)
- Supplement on Security Rights in Intellectual Property (2010
- UNCITRAL Guide on the Implementation of a Security Rights Registry (2013)
- Additional readings may be assigned for particular classes.

Additional recommended reading:
o 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.
o Moritz Brinkmann, Kreditsicherheiten an beweglichen Sachen, Mohr Siebeck,
2011, 1-83, 424-485.
o Steven L. Harris and Charles W. Mooney, Jr., Security Interests in Personal
Property, Cases, Problems and Materials, Fifth edition, Foundation Press,
2011, 1-95.
o UNCITRAL bibliography on security interests (see https://www.zotero.org/groups/bibliography_of_recent_writings_related_to_the_work_of_uncitral/items/collectionKey/KM62SEDG/order/creator/sort/asc)

Association in the course directory

Last modified: Fr 31.08.2018 08:47