61 Pages Posted: 16 Jan 2011
Date Written: 2008
This article explores the PPSA reform’s history and describes the present state of the system, as well as its uncertainties. Major proposals are analyzed, including the essential move from form based to substance-based collateral classification, the fate of the floating charge, and special issues relating to agriculture, intellectual property, governing law, and enforcement.
While the overall reform is judged favorably, codification and subsequent modification does not always result in undeniable improvements in the law.
Legislators, judges, and lawyers alike must guard against code-generated inflexibility and
Keywords: Personal Property Securities
Suggested Citation: Suggested Citation
Quirk, Patrick, Whither Australian Secured Transactions Laws: From the English System to the PPSA? (2008). Thomas Jefferson Law Review, Vol. 31, No. 2, pp. 219-278, Spring 2009. Available at SSRN: https://ssrn.com/abstract=1741273