Some Initial Thoughts in Relation to Chapter IX (Proprietary Security in Movable Assets) of the Draft Common Frame of Reference

Abstract

This article investigates whether Book IX of the Draft Common Frame of Reference (DCFR), which deals with proprietary security rights in movable assets, is suitable for sophisticated lenders and borrowers active in European credit markets. The reason for choosing this perspective is that it is exactly in this field that there is actually a European market and (consequently) a clear excuse for harmonising the law.