Description

This book presents, for the first time, a systematic study of the solutions available for transferring money claims and related security rights in securitisations, using England, France and Scotland as focus jurisdictions. It adopts a dual comparative approach to determine a model solution that is most efficient for securitisations. First, it employs a functional approach to identify solutions available in the focus jurisdictions. Through this method, the book offers a comprehensive doctrinal analysis of the laws governing the transfer of claims and related security rights in the selected jurisdictions, making it a valuable resource for students, academics and practitioners interested in this subject area. Second, the book uses a law and economics approach to evaluate the solutions and determine the most efficient solution. This novel approach uses a leximetric methodology to measure the transfer solutions against six policy objectives, making it a valuable resource for policymakers. The book is a timely addition to the topical debate on how laws should be designed to facilitate securitisation in various jurisdictions.