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UID:20250512T014040EDT-8169jZ3tPk@132.216.98.100
DTSTAMP:20250512T054040Z
DESCRIPTION:The Paul-André Crépeau Centre for Private and Comparative Law c
 oncludes the first year's of its « Les apparences en droit civil » Civil L
 aw Workshops\, with a talk by Ross Anderson (bio) (University of Glasgow).
   Abstract  What do incorporeals looks like? Their qualities are substanti
 ve\, not physical. That is true of all rights in all systems. But civil la
 wyers\, it seems\, can see what common lawyers do not. The institutional s
 tructure of the civil law – persons\, obligations\, property – together wi
 th general patrimonial principles (such as the numerus clausus\, the publi
 city and specificity principles) means civil lawyers know real rights and 
 limited real rights when they encounter them. The division between real ri
 ghts and personal rights\, inherent in the institutional structure\, plays
  a central role in the law of security interests. It is this simplicity\, 
 indeed\, that is one of the great attractions of the civil law approach to
  private law.  Perhaps because of its antiquity\, its weight of authority\
 , and relative rationality\, however\, the basic civilian concepts\, parti
 cularly in the law of security\, are all too readily asserted rather than 
 explained. There has not\, in general\, been the same critical reflection 
 so characteristic of much modern discourse on proprietary security interes
 ts in the common law. Those common law responses\, on the whole\, demonstr
 ate much practical\, if ad hoc\, ingenuity. But this ingenuity has not bee
 n matched by intelligibility.  Coherence has long been a civil law attribu
 te. But even the great civil codes were not always coherent\, particularly
  on technical points involving ownership and security. The codes were comp
 osed at a time when land was the paradigm asset and intangibles were\, for
  commercial purposes\, dealt with in the commercial codes and\, in particu
 lar\, in the law of negotiable instruments. The result has been the percep
 tion of conservatism. The lack of systematic review has sometimes resulted
  in only piecemeal amendments. The recent review of moveable security law 
 in Scotland has given one opportunity – in an English speaking system root
 ed\, in this area\, in the civil law – for wholesale reflection.  In this 
 context I consider\, three points: the theory of limited rights as applied
  to claims and IPRs\; the specificity principle\; and the publicity princi
 ple. The appearance of civil law coherence is shown to be\, in places\, il
 lusory. Building on the work of George Gretton\, however\, I suggest that 
 a more coherent approach to basic patrimonial principles brings a clarity 
 to the structure of the law. And it is these doctrinal improvements that a
 llow us to focus on translating our theory into the reality of ordinary fi
 nancial transactions.  About the Civil Law Workshops  For over a decade\, 
 the Paul-André Crépeau Centre for Private and Comparative Law's “Civil Law
  Workshop” series has been a showcase for new ideas relating to aspects of
  fundamental private law in the civilian tradition.  This activity was acc
 redited for 1.5 hour of CLE by the Barreau du Québec (no. 10058257).  Regi
 stration is not required.
DTSTART:20130405T163000Z
DTEND:20130405T180000Z
LOCATION:NCDH 202\, Chancellor Day Hall\, CA\, QC\, Montreal\, H3A 1W9\, 36
 44 rue Peel
SUMMARY:Security over Intangibles: Appearance and Reality
URL:/law/channels/event/security-over-intangibles-appe
 arance-and-reality-219413
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