Part VI Conflict of Laws, 22 Conflict of Laws
Hugh Beale, Michael Bridge, Louise Gullifer, Eva Lomnicka
- Banks and cross-border issues — Guarantees and security
This chapter details how, in respect of security in the narrow sense, as well as in the more extended sense that includes title-based financing, the law of secured transactions raises issues that may be either contractual or proprietary in nature. It deals with cross-border issues in two main areas: first, the choice of law rules for contract and personal property; and second, uniform substantive law pertaining to contract and personal property and located in international conventions. The chapter also shows how the characterization of an issue arising out of a transaction as contractual or proprietary in nature, for the purpose of selecting the appropriate choice of law rule, is not an easy matter.