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Fb2 The Ontario Personal Property Security Act - Commentary and Analysis, 2nd Edition ePub

by Jacob S. Ziegel

Subcategory: Different
Author: Jacob S. Ziegel
ISBN: 043342334X
ISBN13: 978-0433423348
Publisher: Butterworths (2000)
Fb2 eBook: 1892 kb
ePub eBook: 1777 kb
Digital formats: mobi azw mbr lrf

Floating charges and automatic crystallization. ABSTRACT With the entry into force of the Australian Personal Property Securities Act 2009 (Cth) in 2012, the Unitary Model of secured transactions law on personal property became part of the legal system of another major economy of the world. Australia joined the United States of America (the source-jurisdiction), Canada and New Zealand. Given the success of the Unitary Model, it is natural to question whether a similar breakthrough is to be expected in Europe as well.

The Personal Property Security Act ("PPSA") is the name given to each of the statutes passed by all common law provinces, as well as the territories, of Canada. It is similar in structure to Article 9 of the Uniform Commercial Code in the United States, but there are important differences.

In the time at my disposal I cannot hope to present a systematic and detailed analysis of the remedial provisions in the Vienna Convention, nor would it be a useful exercise since the task has already been accomplished by distinguished scholars who have a much more intimate and deeper knowledge of the provisions than I have. Instead I should like to focus.

Jacob S. Ziegel See further Ziegel, .

7 Farrar and O'Regan, Reform of Personal Property Security Law: A Report to the Law Commission, . C, Paper No. 6, 1988; New Zealand Law Reform Commission, Report No. 8, 1988, A Personal Property Securities Act for New Zealand (Wellington, 1989); Australia, Law Reform Commission, Discussion Paper No. 52, Law Reform Commission of New South Wales, Discussion. See further Ziegel, .

The Personal Property Securities Act 2009 (Cth) (‘PPSA’) regulates both ‘in substance’ .

The Personal Property Securities Act 2009 (Cth) (‘PPSA’) regulates both ‘in substance’ security interests and what have become known as ‘deemed’ security interests over personal property. The following analysis assumes that the PPSA is applicable and that the requisite Australian nexus exists. tary and Analysis (Butterworths, 2nd ed, 2000) 7. 24 Personal Property Security Act 1993, SS 1993, c P-., s 2(1)(b) (‘Saskatchewan PPSA’).

3. 4 as much collateral as they can to obtain the loans needed to acquire the equipment to enable them to put to sea. Binnie J. expressed the second consideration as follows: 5 Canada s fisheries are a common property resource belonging to all the people of Canada.

Ziegel J (1966) The draft Ontario personal property security act. Can Bar Rev 44:104Google Scholar. Zinnecker TR (1999) The default provisions of 1999 article 9 of the uniform commercial code: Part I. Bus Lawyer 54:1113Google Scholar.

However, what the good folks over at McGraw Hill downplay is the fact they decided to remove a sizable portion of the actual text from the book, and shift it to a CD-Rom.

Personal Property Security Law book. It offers detailed analysis of the differences between the Ontario Act and the other provincial and territorial regimes on an issue by issue basis.

Contains all the information required to anticipate and deal with the problems which can arise when drafting a security agreement or registering or attempting to enforce a security interest. * Canvasses the key issues raised by virtually every section of the governing statute, drawing on relevant case law from other provinces and the U.S. * Addresses the impact of federal statutes such as the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act * Proposes workable solutions in unsettled areas, making frequent use of hypothetical examples and scenarios New topics addressed by the authors include: * Definition of "purchase money security interest" * Status of licences as security interests * Effect of errors in financing agreements * Treatment of sale in ordinary course * Problem of circular priorities * Meaning of "reasonable person" for purposes of the curative provision * Impact of the S.C.C.'s decision in Re Giffen * Security interests in fixtures * Likely impact of new e-commerce legislation, the amendments to the PPSA enacted in the Red Tape Reduction Act, 1998, and important developments in electronic filing.
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