Whither Australian Secured Transactions Laws: From the English System to the PPSA?
Ave Maria School of Law; Thomas More Law School; Bond University School of Law
Thomas Jefferson Law Review, Vol. 31, No. 2, pp. 219-278, Spring 2009
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
Number of Pages in PDF File: 61
Keywords: Personal Property Securities
Date posted: January 16, 2011