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Priorities In Chattel Paper: Analysis Of § 9-308 Of The U.C.C., Joseph Wilson Jan 1995

Priorities In Chattel Paper: Analysis Of § 9-308 Of The U.C.C., Joseph Wilson

LLM Theses and Essays

Article 9 of the Uniform Commercial Code (UCC) governs any transaction which creates a security interest in personal property or fixtures. Generally when there is a conflict between secured parties in the same collateral, the UCC’s default priority rule declares the first secured party to file a financing statement or perfect its interest to have priority. However, section 9-308 creates an exception to this default rule when the security interest is claimed in chattel paper. Chattel paper is a group of writings taken together that evidence both a monetary obligation and a security interest in or a lease of specific …


The Relevant Market In European Merger Law, Benedicte Haubold Jan 1995

The Relevant Market In European Merger Law, Benedicte Haubold

LLM Theses and Essays

Due to the rapid acceleration of merger movements in the 1980s, the adoption of new merger regulation was a must for the European market. Before the new merger regulation was adopted in 1989, the European Commission used to apply the general competition rules of the Rome Treaty when dealing with mergers. The Commission used to interpret Articles 85 and 86 of the Rome Treaty as a means to condemn mergers that would lead to an abuse of a dominant position at a European level; at that time, there was an absence of complete and systematic control as far as structural …


Notification Of Documentary Discrepancies In Letter Of Credit Transactions, Hong Liu Jan 1995

Notification Of Documentary Discrepancies In Letter Of Credit Transactions, Hong Liu

LLM Theses and Essays

The objective of the thesis is to examine only one aspect of the legal relationship between an issuer and a beneficiary, i.e., an issuer’s duties regarding notifying a beneficiary of documentary discrepancies in the letter of credit transactions. To lay down a theoretical foundation, the basic principle of the letter of credit law and policy considerations for this legal obligation will be explored in the thesis. In Chapter II, the relevant provisions of the U.C.C and U.C.P. will be examined and compared. Chapter III will focus on how the courts interpret and apply the U.C.C and U.C.P. in the cases …