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The Species and Structure(s) of the Floating Charge: the English law perspective on the Scottish Floating Charge

Raczynska, Magda; (2022) The Species and Structure(s) of the Floating Charge: the English law perspective on the Scottish Floating Charge. In: Hardman, Jonathan and MacPherson, Alisdair, (eds.) Floating Charges in Scotland: New Perspectives and Current Issues. (pp. 304-342). Edinburgh University Press

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Abstract

The floating charge is one of the most useful developments facilitated by the English Chancery courts.¹ It has played an important role since the mid-nineteenth century in enabling corporate businesses² to raise finance.³ One of its practical selling points is that the charged assets are at free disposal of the chargor, so the chargor may sell or otherwise dispose of them without the chargee’s consent, as if they are not charged, for as long as the disposition is within the terms of the charge, until the charge is crystallised.⁴ The adoption of an identically-named device into Scots law was motivated...

Type: Book chapter
Title: The Species and Structure(s) of the Floating Charge: the English law perspective on the Scottish Floating Charge
Publisher version: https://edinburghuniversitypress.com/book-floating...
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10189968
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