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The requirement of 'power to dispose' in the Cape Town Convention and its protocols

Saidova, Sanam

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Abstract

The concept of an 'international interest' is central to the Cape Town Convention on International Interests in Mobile Equipment. Once an international interest is created, it can be registered in the International Registry, established under the Convention, in which case it will be given priority over competing interests and enforced if the debtor defaults. One of the essential requirements for the constitution of an international interest is that a chargor, conditional seller, and lessor must have the 'power to dispose' of the interest held by them in the object. This article evaluates the basis and meaning of the power to dispose requirement under the Convention. It argues that power to dispose (where it arises without the right to dispose) is a matter governed by the Convention and constructs and proposes an internationally uniform concept of power to dispose under the Convention, autonomous from national law.

Journal Article Type Article
Acceptance Date Jul 30, 2022
Online Publication Date Aug 24, 2022
Publication Date Aug 24, 2022
Deposit Date Aug 12, 2022
Publicly Available Date Aug 25, 2024
Journal Uniform Law Review
Print ISSN 1124-3694
Electronic ISSN 2050-9065
Publisher Oxford University Press (OUP)
Peer Reviewed Peer Reviewed
Volume 27
Issue 2
Pages 282–302
DOI https://doi.org/10.1093/ulr/unac021
Keywords Law
Public URL https://nottingham-repository.worktribe.com/output/9904893
Publisher URL https://academic.oup.com/ulr/article/27/2/282/6674624
Additional Information © The Author(s) (2022). Published by Oxford University Press on behalf of UNIDROIT. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted reuse, distribution, and reproduction in any medium, provided the original work is properly cited.

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