Marshalling of Securities: Equity and the Priority-Ranking of Secured Debt

MARSHALLING OF SECURITIES: EQUITY AND THE PRIORITY-RANKING OF SECURED DEBT, Paul Usman Ali, Oxford University Press, June 1999

Posted: 19 Mar 2002

See all articles by Paul Ali

Paul Ali

University of Melbourne - Law School

Abstract

This book examines the equitable doctrine of marshalling as it applies to secured transactions, under the laws of England and Wales, Australia, Canada, Ireland and New Zealand. Reference is also made to selected United States authorities.

The chapter titles are as follows: 1. Introduction 2. The History of the Equitable Doctrine of Marshalling of Securities 3. How does Marshalling work? 4. Marshalling of Securities and the Law of Subrogation 5. Marshalling of Securities and other Equitable Doctrines and Remedies 6. The Rationale for Marshalling of Securities 7. Marshalling of Securities and the Common Debtor Rule 8. Exception to the Common Debtor Rule 9. Marshalling of Securities and the Requirement of Proprietary Securities 10. Marshalling of Securities and the Rights of Unsecured Creditors 11. Marshalling of Securities and Third Parties 12. Covenants against Marshalling and other Contractual Constraints.

Keywords: Charges, Liens, Mortgages, Pledges, Secured Credit, Securities, Security Interests

JEL Classification: G21, G33, K22

Suggested Citation

Ali, Paul, Marshalling of Securities: Equity and the Priority-Ranking of Secured Debt. MARSHALLING OF SECURITIES: EQUITY AND THE PRIORITY-RANKING OF SECURED DEBT, Paul Usman Ali, Oxford University Press, June 1999. Available at SSRN: https://ssrn.com/abstract=300179

Paul Ali (Contact Author)

University of Melbourne - Law School ( email )

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HOME PAGE: http://www.law.unimelb.edu.au

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