Vereinheitlichung des Rechts der Mobiliarsicherheiten

Presently, the law relating to security interests in movable goods varies greatly within Europe. The different national regimes are a substantial obstacle to securing transnational commercial transactions within the European Union. Thilo Rott examines different proposals for solving the problem, giving special attention to the harmonization process which has taken place in the USA. The options discussed range from harmonizing the national conflict laws to creating one uniform law of secured transactions. Apart from discussing legislative models, he deals with the question of whether the member states of the European Union are obliged by reason of the fundamental freedoms guaranteed by the EU-Treaty to mutually recognize the various national security interests. Finally, the author pleads for a new right of lien under the German law of execution serving functions similar to certain forms of general liens under US state law.