Asian Institute of International Financial Law (AIIFL), HKU

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Property Rights, Collateral and Creditor Rights in East Asia

By Douglas Arner, Paul Lejot, Charles Booth, Berry Fong Chung Hsu

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.

This article by Professor Douglas Arner , Paul Lejot , Professor Charles D. Booth , Professor Berry Hsu , is available: here .