The collateral directive and financial collateral: ownership of, or entitlement to, collateral?

Ezike, O. (2021) The collateral directive and financial collateral: ownership of, or entitlement to, collateral? European Property Law Journal, 10(2-3), pp. 304-342. (doi: 10.1515/eplj-2021-0015)

Abstract

It is controversial if incorporeal moveables (or choses in action) can be the object of property rights. The Collateral Directive arguably attempts to take the middle-ground in this debate. It acknowledges that a person may have either ‘full ownership of’, or 'full entitlement' to, financial collateral, which are conceptualised as intangibles. The approach adopted by the Directive throws up some questions: Is there a difference between owning or being entitled to collateral? If there is a difference, does this matter? The article first highlights the underlying controversy between these two concepts: which arises because of the different conceptions of real rights, or right in rem, and the need to protect the boundary between real and personal rights. The article then argues that although ‘owning’ and ‘entitlement’ are different concepts, there are also functional similarities between both concepts which arguably the Directive extends further than necessary.</jats:p>

• Item Type: Articles
• Status: Published
• Refereed: Yes
• Glasgow Author(s) Enlighten ID: Ezike, Dr Obiora
• Authors: Ezike, O.
• College/School: College of Social Sciences > School of Law
• Journal Name: European Property Law Journal
• Publisher: Walter de Gruyter GmbH
• ISSN: 2190-8362
• ISSN (Online): 2190-8273
• Copyright Holders: Copyright © 2021 Walter de Gruyter GmbH
• First Published: First published in European Property Law Journal 10(2-3):304-342
• Publisher Policy: Reproduced in accordance with the copyright policy of the publisher