Promovendus: Dhr. T.M. Vroegop

Promotores: Prof.Mr. T.H.D. Struycken, Prof.Mr. P.M. Veder

Duur: 1/1/2011 - 31/12/2014

Abstract:

This study seeks to answer the question whether, with respect to asset acquisition finance devices, the Draft Common Frame of Reference (DCFR) does indeed present the \'better law\', as it claims. It aims to provide a critical analysis of the DCFR and its possible impact on the international financial practice, and - where necessary - suggestions for improvement. The study will be comparative in nature, but not in the sense that several legal systems will be analysed. Rather, the study will critically compare the DCFR (in itself a work of comparative law) to other available instruments, in particular the UNCITRAL Legaslative Guide on Secured Transactions and the UNCITRAL Legislative Guide on Insolvency Law (both in themselves works of comparative law), and the Model Law on Secured Transactions published by the European Bank for Reconstruction and Development.