Jump to Content Jump to Main Navigation

Part V Enforcement, 19 Enforcement of Financial Devices Involving The Transfer or Retention of Title

From: The Law of Security and Title-Based Financing (2nd Edition)

Hugh Beale, Michael Bridge, Louise Gullifer, Eva Lomnicka

A newer edition of The Law of Security and Title-Based Financing is available. Latest edition (3 ed.)
Next Edition: 3rd Edition Latest edition (3 ed.)

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 21 September 2020

Subject(s):
Security interest
19.01 As noted above,1 financing devices that involve either the retention or the transfer of title, although performing an equivalent function to security interests, are generally not considered ‘security’ under English law. Hence the general characteristics that security interests display when they are enforced,2 in particular the obligation of the secured creditor to account for any surplus (or ‘windfall’) and the obligation of the debtor to make good any deficit (or ‘shortfall’), do not arise. The financing devices, being straightforward commercial contracts...
Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.