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Part IV Priorities, 16 Priority Between Consensual and Non-Consensual Security Interests

From: The Law of Security and Title-Based Financing (3rd Edition)

Hugh Beale, Michael Bridge, Louise Gullifer, Eva Lomnicka

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 21 April 2024

Credit — Lien

This chapter demonstrates how, in the case of things in possession, non-consensual security interests may be treated as consisting, for present purposes, of liens, in favour of carriers, repairers, and the like; of maritime liens (and similar statutory rights), in favour of master and crew; claimants against the ship, suppliers, and repairers; rights of distress, in favour of local authorities; rights of commercial rent arrears recovery in favour of landlords; and of execution creditors. In these various instances, the rights of the lienholder, landlord, local authority, and execution creditor, as the case may be, against a competing chargee are part of the larger subject of how those rights might be exercised against the owner in those cases where the owner is not the person in possession of the thing.

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