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Lex situs and its discontents: English security over foreign assets

26 July 2024 / Author(s): Scott Ralston
Issue: August-September 2024 / Categories: Feature
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This article examines the distinction between the contractual and proprietary effects of a transaction in the context of English security over foreign assets. In particular, it considers the way in which creditors address, before and after transacting, the ineffectiveness of English security under the lex situs and the important role of equities arising between the contracting parties.

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