ABSTRACT

Following the implementation in the UK of the Directive on financial collateral arrangements 2002/47/EC, it is extremely difficult – if not simply impossible – to confine certain concepts of law (mainly those of possession and control) within sharp and definitive boundaries. Nowadays, the main perception is that there can be different forms of control as well as different forms of possession (depending on the type of asset involved and/or the terms and conditions posed by the parties to the security agreement). The article suggests that this ‘flexibility’ is by no means surprising as it reflects the tradition, ingrained in English law to continuously stretch the notion of property to accommodate market needs.

摘要

在英国实施《金融抵押品安排指令》 2002/47 / EC之后，将某些法律概念（主要是拥有和控制的法律概念）限制在明确的界限之内是非常困难的，即使不是完全不可能。如今，主要的看法是可以有不同形式的控制权和不同形式的占有（取决于所涉资产的类型和/或担保协议当事方所规定的条款和条件）。文章认为，这种“灵活性”并不奇怪，因为它反映了传统，因为英国法律根深蒂固地不断扩大财产权以满足市场需求。