International and Comparative Law of Secured Transactions
| Code | School | Level | Credits | Semesters |
| LAWW3144 | Law | 3 | 20 | Autumn UK |
- Code
- LAWW3144
- School
- Law
- Level
- 3
- Credits
- 20
- Semesters
- Autumn UK
Summary
This module examines the key legal principles, rules and policies underpinning the law of secured transactions in the context of English law and the Cape Town Convention on International Interests in Mobile Equipment (CTC), a major international instrument in this field. It will critically examine some of the most relevant, topical and complex areas in the law of secured transactions, including:
(1) The conceptual and analytical framework of security interests and quasi-security interests and their value to the world of international commerce; the issues of definition and characterisation of security interests in major legal systems and legal regimes;
(2) Types and creation of security interests in English law and the concept of an ‘international interest’ under the CTC;
(3) Modes of perfection of security interests (possession, control, registration);
(4) Priority regimes under English law and the CTC (allocation of assets among competing holders of security interests);
(5) Enforcement of security interests (remedies).
Target Students
Undergraduate (2nd and Final Year) law students and exchange students hosted by the School of Law.
Assessment
- 100% Online Exam (3-hour): Online exam
Assessed by end of autumn semester
Educational Aims
The aims of this module are to enable students to: (1) gain knowledge and understanding of the law of security interests from international and comparative perspectives; (2) develop research and communication skills that are relevant to the area of secured transactions law; (3) learn how to create, protect and enforce security interests in various types of assets; (4) develop an ability to analyse critically and rigorously the law of secured transactions from international and comparative perspectives and propose legal reform, where necessary; (5) gain an understanding of the inter-connections between commercial law generally and the law of secured transactions in particular; (6) identify, analyse, engage with and think critically about policies and values underlying various rules and principles of the law of secured transactions.Learning Outcomes
Demonstrate competence in and an expert understanding of the law of secured transactions in the context of English law and the CTC.
Understand and critically engage with policies and considerations underlying the law of secured transactions.
Apply the rules of English law and the CTC to a wide range of factual scenarios.
Evaluate the strengths and weaknesses of English law of secured transactions and the CTC in comparison with each other.
Analyse deeply and critically the state of the law in the area of secured transactions and evaluate proposals for legal reform where necessary.
Advance their understanding of the legal nature and structure of English commercial law and of international law regimes, including the advantages and disadvantages of unification, harmonisation and codification of international commercial law.