Halsbury's Laws of Canada – Personal Property and Secured Transactions (2021 Reissue)
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The law relating to personal property has been of central importance to lawyers in all fields of practice, since well before the King's Bench in 1722 famously proclaimed the principle of "finders, keepers". That is never more true than today, with the personal property security regimes in each jurisdiction providing comprehensive rules to govern the rights of creditors and debtors when personal property is used as collateral to secure the payment of a debt.
This valuable volume delivers a national, organized summary of the legislation and case law which are relevant to the common law field of personal property law and to the creation, perfection and enforcement of security in personal property. Designed for legal professionals who do not specialize in issues of personal property security, this accessible volume comprehensively deals with the key aspects of secured transactions under legislation in Canada's common law jurisdictions. Topics covered in this essential reference include:
- Choses in possession and choses in action
- Personal property interests
- Security interests
- Transfer and alienation of personal property interests
- Infringements on personal property interests
- Replevin and recaption
Personal property security
- Legislative framework
- Jurisdictional and constitutional issues
- Development of the personal property security acts and U.S. law
- Security interests
- Form and content of security agreements
- Transactions excluded from the Personal Property Security Act
- Purchase money security interest
- Creation of the security interest
- Form issues
- Effect as against third parties
- Perfecting the security interest
- Methods and continuity of perfection
- The registry system, including the financing statement and financing change statement
- Effect of possession
- Temporary perfection
- Perfection by attachment or control
- Proceeds and tracing
- Secured and unsecured parties
- Transferees, buyers and lessees
- Knowledge and good faith
- Residual priority, including tacking and registration after lapse
- Default and remedies
- Statutory and contract remedies
- Proceeding against land collateral as well as personal property collateral
- Receivers and managers
- Collection of accounts payments and under chattel paper
- Control of investment property
- Seizure of collateral, including obligations while in possession
- Sale and foreclosure
- Rights of redemption and reinstatement
- Consumer goods
- Monetary remedies
- Court variance
- Non-compliance with the Personal Property Security Act
- Conflict rules
- Federal security framework
- Bank Act
- Other federal legislation
And much more.
Table of contents
I. Personal Property
II. Background to the Personal Property Security Act
III. The Security Interest: Definitions, Form and Content Issues
IV. Creation of the Security Interest: Attachment
V. Perfection of the Security Interest
VI. Proceeds and Tracing
VII. The Security Interest in Competition with Non-Security Interests
VIII. Priority Rules
IX. Default and Remedies
X. Conflict Rules
XI. Federal Security Regimes