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Los Modelos De Las Garantías Reales En Civil Y En Common Law. Una Aproximación De Derecho Comparado, Mauro Bussani

Mauro Bussani

The paper offers a comparative overview of the law of security rights in movable property in the civil and common law worlds. To this purpose, the paper first examines black-letter provisions, case-law, scholarly doctrines, and practices on which the laws of security rights over movables are grounded. It then proceeds to investigate the cultural, socio-economic, and policy factors that, more or less overtly, have a practical impact on the operative rules applied in the jurisdictions surveyed. As the paper shows, the consideration for these ‘hidden’ factors proves indeed crucial to the understanding of the (similarities and differences between the) ways …