Security Interests Burdening Transport Vehicles: The Cape Town Convention on International Interests in Mobile Equipment and its Implementation in the Netherlands and on the Dutch Caribbean Islands

13 Pages Posted: 1 Mar 2015

See all articles by Sjef van Erp

Sjef van Erp

University of Maastricht - Faculty of Law; Maastricht European Private Law Institute

Date Written: February 27, 2015

Abstract

The Cape Town Convention on International Interests in Mobile Equipment ("Cape Town Convention") creates a very workable regime even in a Civil Law setting, although it may be more inspired by the Common Law (particularly Article 9 of the US Commercial Code) than the Civil Law tradition. As such the Convention is a good example to show the impact of globalisation on national law and how such impact can be beneficial. Uniform rules create more certainty, particularly in the area of mobile equipment, which by its very nature may cross borders. The number of countries which are now a party to the Convention is clear evidence to show the correctness of this statement. The Dutch Caribbean islands, no doubt because of their size, their location and the nature of the commercial activities in which they are involved, seem to have understood this better than the Netherlands.

Keywords: Property security rights, mobile equipment, aircraft, globalisation, European Union, economic integration

JEL Classification: K11, K33, F01, F02

Suggested Citation

van Erp, Sjef J. H. M., Security Interests Burdening Transport Vehicles: The Cape Town Convention on International Interests in Mobile Equipment and its Implementation in the Netherlands and on the Dutch Caribbean Islands (February 27, 2015). MAASTRICHT EUROPEAN PRIVATE LAW INSTITUTE WORKING PAPER No. 2015/4. Available at SSRN: https://ssrn.com/abstract=2571319 or http://dx.doi.org/10.2139/ssrn.2571319

Sjef J. H. M. Van Erp (Contact Author)

University of Maastricht - Faculty of Law ( email )

PO Box 616
Maastricht, 6200 MD
Netherlands
+31433883341 (Phone)

Maastricht European Private Law Institute ( email )

P.O. Box 616
Maastricht, NL-6200 MD
Netherlands
+31433883341 (Phone)
+31433884868 (Fax)

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