Die Vorschläge zur Reform des englischen Mobiliarkreditsicherungsrechts

The present divergence of national security systems in combination with the lex rei sitae rule of private international law results in a risk for creditors of losing their security in cross-border situations. This current state of affairs does not seem to be compatible with the idea of a fully effective internal market in the European Union. Using this problem as a basis for his study, Anselm Lenhard analyzes the current English law of personal property security and the proposals for its reform along the lines of Article 9 of the Uniform Commercial Code in the USA. In comparing the English reform proposals with work done by the European Bank for Reconstruction and Development and UNCITRAL, the author outlines fundamental features of future European harmonization efforts in the area of personal property security law.