Property Rights, Collateral and Creditor Rights in East Asia

Property Rights, Collateral and Creditor Rights in East Asia by Douglas Arner (University of Hong Kong), Paul Lejot (University of Hong Kong), Charles Booth (University of Hawaiʻi at Mānoa), Berry Fong Chung Hsu :: ResearchGate

Douglas Arner is HKU’s Kerry Holdings Professor in Law, co-founder and director of the Asian Institute of International Financial Law and convenor of AIIFL’s East Asian International Economic Law and Policy (EAIEL) Programme.

Paul Lejot is the executive director of the HKU Law Faculty Corporate and Financial Law Programme and a fellow at AIIFL.

Charles Booth is a co-founder and former director of AIIFL. He is currently Michael J. Marks Distinguished Professor of Business Law and director, Institute of Asian-Pacific Business Law (IAPBL), University of Hawaii.

This article examines the relationships within East Asia between economic development, governance, property rights, provisions for the deployment of collateral and the creation of secured financial transactions, and creditor rights and their relationship with insolvency. No sophisticated market economy or market-based financial system can exist without these prerequisites, regardless of indigenous or acquired national characteristics or the form manifested by that system. However, in no national case in East Asia can the legal, regulatory, or policy background be described as either complete or fully integrated.