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Le Garanzie Reali Al Servizio Dello Stato, Mauro Bussani
Le Garanzie Reali Al Servizio Dello Stato, Mauro Bussani
Mauro Bussani
In the last decades, many Western countries have undergone economy-wide reforms generally aimed to reduce the role of the State in the economy, by limiting public ownership of land and infrastructures. Privatization programs concerning States’ immovables have taken many forms, and have often been coupled with the alleged benefits of the securitization of immovable property-related assets. In many cases, however, these programs have been carried out with no or little awareness of the variety of instruments that the law of security rights makes available to the privatizing State. The comparative survey conducted in this paper provides an overview of the …
Los Modelos De Las Garantías Reales En Civil Y En Common Law. Una Aproximación De Derecho Comparado, Mauro Bussani
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 …