The Institution of Security Agent: A Comparative Study of Polish and French Laws

Q2 Social Sciences

European Business Law Review Pub Date : 2022-12-01 DOI:10.54648/eulr2022049

Tomasz Tomczak

引用次数: 0

Abstract

In many continental legal systems it was often problematic to grant a security right to an entity separate from the holder(s) of the secured receivables. Such arrangement was especially desired by the parties in complex lending structures with many creditors. To solve this problem various legal solutions have been created in different countries. In Poland and in France the special institution of a security agent has been introduced. Aim of this article is to compare those two regulations. The conclusion is that the French provisions better deals with the challenges posed by the entity separation problem. Security agent, collective security arrangements, entity separation, unity principle, security rights, security interest, syndicated loan, bond issue, accessoriness of security rights.

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担保代理人制度：波兰和法国法律比较研究

在许多大陆法系中，将担保权授予与担保应收款的持有人分开的实体往往是有问题的。有许多债权人的复杂贷款结构的各方特别希望有这种安排。为了解决这个问题，不同的国家制定了不同的法律解决方案。在波兰和法国，设立了特别的安全机构。本文的目的是对这两项规定进行比较。结论是，法国的规定较好地处理了实体分离问题带来的挑战。担保代理、集体担保安排、实体分离、统一原则、担保权利、担保利益、银团贷款、债券发行、担保权利的附属性。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

European Business Law Review Social Sciences-Law

CiteScore

1.10

自引率

0.00%

发文量

期刊介绍： The mission of the European Business Law Review is to provide a forum for analysis and discussion of business law, including European Union law and the laws of the Member States and other European countries, as well as legal frameworks and issues in international and comparative contexts. The Review moves freely over the boundaries that divide the law, and covers business law, broadly defined, in public or private law, domestic, European or international law. Our topics of interest include commercial, financial, corporate, private and regulatory laws with a broadly business dimension. The Review offers current, authoritative scholarship on a wide range of issues and developments, featuring contributors providing an international as well as a European perspective. The Review is an invaluable source of current scholarship, information, practical analysis, and expert guidance for all practising lawyers, advisers, and scholars dealing with European business law on a regular basis. The Review has over 25 years established the highest scholarly standards. It distinguishes itself as open-minded, embracing interests that appeal to the scholarly, practitioner and policy-making spheres. It practices strict routines of peer review. The Review imposes no word limit on submissions, subject to the appropriateness of the word length to the subject under discussion.