The Concept of a Security Interest: The Canadian Experience

28 Pages Posted: 19 Aug 2011

See all articles by Roderick J. Wood

Roderick J. Wood

University of Alberta - Faculty of Law

Date Written: August 18, 2011

Abstract

The Australian Personal Property Securities Act is expected to come into force on October 31, 2011. The paper discusses the unitary concept of a security interest and the "substance" test that is used to determine if a transaction constitutes a security interest. It then looks at the Canadian experience with these concepts with particular emphasis on the treatment of the floating charge and flawed asset arrangements. The paper then examines legislative differences in order to determine the extent to which the Canadian cases may be of assistance to Australian courts and lawyers.

Keywords: security interest, secured transactions, PPSA, floating charge, set-off, flawed asset

Suggested Citation

Wood, Roderick J., The Concept of a Security Interest: The Canadian Experience (August 18, 2011). Available at SSRN: https://ssrn.com/abstract=1912047 or http://dx.doi.org/10.2139/ssrn.1912047

Roderick J. Wood (Contact Author)

University of Alberta - Faculty of Law ( email )

Law Centre (111 - 89 Ave)
Edmonton, Alberta T6G 2H5
Canada

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