Property Rights, Collateral, Creditor Rights, and Insolvency in East Asia

45 Pages Posted: 25 Mar 2009 Last revised: 21 Feb 2011

See all articles by Douglas W. Arner

Douglas W. Arner

The University of Hong Kong - Faculty of Law

Charles D. Booth

Institute of Asian-Pacific Business Law, William S. Richardson School of Law, University of Hawaii at Manoa; University of Hawaii at Manoa - William S. Richardson School of Law

Paul Lejot

The University of Hong Kong - Faculty of Law

Berry Fong Chung Hsu

Asian Institute of International Financial Law

Date Written: August 1, 2007

Abstract

This article examines the relationships within East Asia between economic development, governance, property rights, provisions for the deployment of collateral and the creation of secured financial transactions, and creditor rights and their relationship with insolvency. No sophisticated market economy or market-based financial system can exist without these prerequisites, regardless of indigenous or acquired national characteristics or the form manifested by that system. However, in no national case in East Asia can the legal, regulatory, or policy background be described as either complete or fully integrated.

Keywords: East Asia, property rights, collateral, secured transactions, creditor rights, insolvency

Suggested Citation

Arner, Douglas W. and Booth, Charles D. and Lejot, Paul and Hsu, Berry Fong Chung, Property Rights, Collateral, Creditor Rights, and Insolvency in East Asia (August 1, 2007). Texas International Law Journal, Vol. 42, 2007. Available at SSRN: https://ssrn.com/abstract=1367537

Douglas W. Arner (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01237

Charles D. Booth

Institute of Asian-Pacific Business Law, William S. Richardson School of Law, University of Hawaii at Manoa ( email )

University of Hawai'i at Manoa
2515 Dole Street
Honolulu, HI 96822-2328
United States

University of Hawaii at Manoa - William S. Richardson School of Law ( email )

2515 Dole Street
Honolulu, HI 96822-2350
United States

Paul Lejot

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

Berry Fong Chung Hsu

Asian Institute of International Financial Law ( email )

Faculty of Law
University of Hong Kong
Hong Kong, 709
China

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