Collateralisation of Contracts

Abstract

The article deals with "collateralisation" in a twofold sense, i.e. the use of contracts as collateral and the use of other (mainly tangible) property as security for contractual claims. If carried out in an international, EU-wide setting, parties to both kinds of transactions are facing numerous difficulties, which stem from private international and the divergencies of national substantive law alike.

Law‐Based Commodification of Private Debt

“…58 These issues are found in the Commission's Capital Markets Union action plan, 59 and it is probably widely thought that 'nearly every clear cut rule whatever connecting factor it chooses is better than the present state of affairs'. 60 Nevertheless, it seems unlikely that a common European conflict rule will be introduced any time soon. Besides different views among Member States, different branches of the financial industry appear to favour different conflict rules.…”