p. 51522. Real security
- Reza Beheshti, Reza BeheshtiAssistant Professor in International Commercial Law, University of Nottingham
- Séverine SaintierSéverine SaintierProfessor of Commercial Law, Cardiff University
- , and Sean ThomasSean ThomasReader, University of York
Abstract
This chapter provides an overview of the notion of real security. It looks at the true real security devices recognised by law, which are lien, pledge, charge, and mortgage, before clarifying that the commercial effects of both true security interests and quasi-security interests are the same. Additionally, true security interests are consensual, which ensures that no security interest can be created without the consent of the creditor and debtor. The chapter then looks into the classification of security interests and the forms of possessory security and non-possessory security. It then presents the cases concerned with quasi-security and the retention of title clauses.
