The EU financial collateral directive: the distinguishing features of a security financial collateral arrangement?

Ezike, O. (2022) The EU financial collateral directive: the distinguishing features of a security financial collateral arrangement? Uniform Law Review, (doi: 10.1093/ulr/unac025)

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Abstract

The first part of this article considers whether a system-neutral meaning of a title transfer financial collateral arrangement (TTFSA) can be identified in the EU Collateral Directive. This part looks at a similar issue—it considers whether system-neutral meaning of a security financial collateral arrangement (SFCA) can be identified in the Financial Collateral Arrangement Directive. It is argued that the definition of a SFCA in the Directive is based on the assumption that there is a specific organizing principle or concept that makes it easy to clearly identify, and demarcate, SFCAs from other types of security arrangements (particularly TTFCAs). While this assumption fits well within the model of Civil law systems, which may have a clear concept of ‘security right’, it does not fit in well within the common law. The arguments in this article call for a careful approach in the system-neutral definition of a SFCA in the Directive.

Item Type:Articles (Other)
Keywords:Financial Collateral Arrangement Directive, Security Financial Collateral Arrangement, Title Transfer Financial Collateral Arrangement.
Status:Published
Refereed:No
Glasgow Author(s) Enlighten ID:Ezike, Dr Obiora
Authors: Ezike, O.
Subjects:K Law > K Law (General)
College/School:College of Social Sciences > School of Law
Research Group:Corporate and Financial Law Research Group
Journal Name:Uniform Law Review
Publisher:Oxford University Press
ISSN:1124-3694
ISSN (Online):2050-9065
Published Online:09 December 2022
Copyright Holders:Copyright © The Author(s) 2022
First Published:First published in Uniform Law Review 2022
Publisher Policy:Reproduced under a Creative Commons License

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