p. 93525. Possessory security
- D Fox, D FoxProfessor of Common Law, University of Edinburgh
- RJC Munday, RJC MundayReader Emeritus in Law, University of Cambridge
- B Soyer, B SoyerProfessor of Commercial and Maritime Law, Institute of International Shipping and Trade Law, Swansea University
- AM TettenbornAM TettenbornChair in Law, Swansea University
- and PG TurnerPG TurnerVisiting Senior Fellow of the Melbourne Law School
Abstract
This chapter deals with possessory security. It begins with a discussion of a pledge (which normally secures repayment of a debt but, in principle, there is no reason why it should not secure performance by the pledgor of some other obligation), before considering the concepts of delivery and re-delivery of possession. It also examines re-pledge by the pledgee, realisation, and statutory control before turning to liens. In particular, it explains how a lien arises and how it is enforced, terminated, and registered. Finally, it looks at the proposed legal reform with respect to possessory security.
