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Taking effective security over future acquired assets: the importance of contractual intention

18 March 2024 / Author(s): Rebecca Olive
Issue: October 2023 / Categories: In Practice
Company: Norton Rose Fulbright

Taking security over after acquired assets is often linked in case law to the equitable remedy of specific performance transforming a contractual right into a proprietary one to the charged property; an essential element to secured finance structures. A closer analysis illustrates contractual intention of the parties, rather than specific performance, is the key factor.

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