| Description |
1 online resource (367 pages) |
| Contents |
Cover; Dedication; Preface; Overview; Table of Contents; Abbreviations; Introduction; Chapter 1: The system of security rights in Italy and Spain; A. Delimitation of the concept of security right; I. The concept of security right in a broad sense; II. The concept of security right in Private Law. The need for a flexible legal framework; III. The concept of security and the debtor's general liability; B. Classification of security rights; I. Dichotomy between personal and real security rights; 1. In general; 2. Personal security rights; a) Concept of personal security right |
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B) Personal security rights granted by private or by professional suretiesc) State guarantees: and their particular role in the context of 2008/2009 financial crisis; d) Different kinds of personal security rights (typical and atypical); 3. Real security rights; 4. Personal vs. Real security rights; C. The practical functions of security rights: Law, economics and social implications; I. Security protects the creditor against debtor's default; 1. Assessing the need or security; 2. Assessing the value of security upon enforcement: recovery rate |
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3. How personal and real security rights affect the principle of par conditio creditorumII. Security enhances the grant of credit; III. Security enables the grant of credit at lower costs; IV. Security contributes to economic development; 1. How security impacts economic development; 2. The EU policy action in view of enhancing credit and its impact on security interest; V. The role of security rights in terms of financial stability; VI. The role of security rights in the 2008 financial crisis; Chapter 2: The contract of guarantee in the Spanish and Italian legal systems (fideiussione/fianza) |
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IntroductionA. Concept and legal nature of the guarantee contract; I. Notion of guarantee. The Roman law imprinting; II. Legal notion of guarantee; 1. In general; a) The guarantee is a contract; b) The guarantee is a form of security right; c) The guarantee is a personal security right; 2. The guarantee obligation; III. Structure of the contract of guarantee; 1. The parties to the contract of guarantee; 2. The contract of guarantee as a source of obligations. Unilateral or bilateral obligations; a) In general; b) Natural gratuitousness of the typical guarantee |
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C) Onerous character of professional guaranteesd) Concept of remuneration for a guarantee; aa) Any kind of compensation; bb) Remuneration to the guarantor or to a third party; cc) Performed by the creditor; e) Effects of the gratuitous or onerous character of the guarantee; IV. Constitutive characteristics of the guarantee contract (ancillarity and subsidiarity); 1. In general; 2. Ancillary character of the guarantee obligation: the principle of co-extensiveness; a) Definition and legal effect of the principle of co-extensiveness |
| Summary |
HauptbeschreibungThis volume offers an in-depth analysis of the current status of the law and legal practice of personal security rights in the EU. The impact of the financial crisis is specifically considered and the treatment of personal security rights in the Basel II Accord is critically addressed. While focusing on Italian and Spanish legal systems, this comparative study includes extensive references to other EU Member States. The influence of EU private law on this area is also explored. The implications of a harmonised regime for personal security rights in the EU are analysed |
| Notes |
B) Principle of co-existensiveness as a typical characteristic of the contract of guarantee |
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Print version record |
| Form |
Electronic book
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| ISBN |
9783161514388 |
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3161514386 |
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