Research Handbooks in Financial Law series
Edited by Frederique Dahan
Chapter 16: Piecemeal reform: Is it the answer?
The chapter considers the question of how best to reform a fully developed law of secured transactions. A system may have functioned reasonably well over a number of years, but through changing usage, judicial decisions and policy-driven statutory modification may have grown over-complex, contain inconsistencies and become inefficient. There are two approaches to such a state of affairs. One is to identify specific problems and to deal with them in a piecemeal fashion. The other is to undertake a wholesale rethinking of the system. The aim of this chapter is to consider this issue in relation to English law, which so far has been the subject of various attempts at piecemeal reform. The historical development of the English law of secured transactions is considered and the present position assessed. Using three specific examples, it will be argued that this has not worked well and that a wholesale approach is preferable.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.