Research output: Chapter in Book/Report/Conference proceeding › Chapter
Abstract
This chapter is concerned with rights in security for the repayment of debt. A right in security confers a legal right which a creditor may enforce should the debtor fail to pay the sum(s) owed. A right in security exists in tandem with, but is distinct from, a creditor’s right of action against a debtor under any contractual obligation to repay the debt. Rights in security can be subdivided into personal rights, which are traditionally known as cautionary obligations and real rights. This chapter begins by outlining the key differences between the two types of right. It then explains how a cautionary obligation is constituted and how it operates. It details real rights in security over heritage (land and buildings) and moveable property. Moveable property may be either corporeal, something that has a physical existence and can be moved from one place to another, or incorporeal, for example shares in a company, the existence of which may be proved by the issue of a share certificate but otherwise has no tangible existence.
Grant, F. (2019). Rights in security. In G. Black (Ed.), Business law in Scotland (4th edn ed., pp. 577-594). Edinburgh: W. Green.
Grant, Fiona. / Rights in security. Business law in Scotland. editor / Gillian Black. 4th edn. ed. Edinburgh : W. Green, 2019. pp. 577-594
@inbook{8cb9fc7ddd594716a28aceb6fbff0021,
title = "Rights in security",
abstract = "This chapter is concerned with rights in security for the repayment of debt. A right in security confers a legal right which a creditor may enforce should the debtor fail to pay the sum(s) owed. A right in securityexists in tandem with, but is distinct from, a creditor’s right of action against a debtor under any contractual obligation to repay the debt. Rights in security can be subdivided into personal rights, which are traditionally known as cautionary obligations and real rights. This chapter begins by outlining the key differences between the two types of right. It then explains how a cautionary obligation is constituted and how it operates. It details real rights in security over heritage (land and buildings) and moveable property. Moveable property may be either corporeal, something that has a physical existence and can be moved from one place to another, or incorporeal, for example shares in a company, the existence of which may be proved by the issue of a share certificate but otherwise has no tangible existence.",
author = "Fiona Grant",
year = "2019",
month = "7",
day = "22",
language = "English",
isbn = "9780414070745",
pages = "577--594",
editor = "Gillian Black",
booktitle = "Business law in Scotland",
publisher = "W. Green",
edition = "4th edn",
}
Grant, F 2019, Rights in security. in G Black (ed.), Business law in Scotland. 4th edn edn, W. Green, Edinburgh, pp. 577-594.
Business law in Scotland. ed. / Gillian Black. 4th edn. ed. Edinburgh : W. Green, 2019. p. 577-594.
Research output: Chapter in Book/Report/Conference proceeding › Chapter
TY - CHAP
T1 - Rights in security
AU - Grant, Fiona
PY - 2019/7/22
Y1 - 2019/7/22
N2 - This chapter is concerned with rights in security for the repayment of debt. A right in security confers a legal right which a creditor may enforce should the debtor fail to pay the sum(s) owed. A right in securityexists in tandem with, but is distinct from, a creditor’s right of action against a debtor under any contractual obligation to repay the debt. Rights in security can be subdivided into personal rights, which are traditionally known as cautionary obligations and real rights. This chapter begins by outlining the key differences between the two types of right. It then explains how a cautionary obligation is constituted and how it operates. It details real rights in security over heritage (land and buildings) and moveable property. Moveable property may be either corporeal, something that has a physical existence and can be moved from one place to another, or incorporeal, for example shares in a company, the existence of which may be proved by the issue of a share certificate but otherwise has no tangible existence.
AB - This chapter is concerned with rights in security for the repayment of debt. A right in security confers a legal right which a creditor may enforce should the debtor fail to pay the sum(s) owed. A right in securityexists in tandem with, but is distinct from, a creditor’s right of action against a debtor under any contractual obligation to repay the debt. Rights in security can be subdivided into personal rights, which are traditionally known as cautionary obligations and real rights. This chapter begins by outlining the key differences between the two types of right. It then explains how a cautionary obligation is constituted and how it operates. It details real rights in security over heritage (land and buildings) and moveable property. Moveable property may be either corporeal, something that has a physical existence and can be moved from one place to another, or incorporeal, for example shares in a company, the existence of which may be proved by the issue of a share certificate but otherwise has no tangible existence.
M3 - Chapter
SN - 9780414070745
SP - 577
EP - 594
BT - Business law in Scotland
A2 - Black, Gillian
PB - W. Green
CY - Edinburgh
ER -
Grant F. Rights in security. In Black G, editor, Business law in Scotland. 4th edn ed. Edinburgh: W. Green. 2019. p. 577-594