Security interests in future assets
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The purpose of security interests is to protect the creditor against the insolvency of the debtor. However, when they are constituted on future assets, this protection raises questions both upstream and downstream. Indeed, if the admission of future assets in the basis of security is an appropriate response to the expectations of the actors of credit, the OHADA legislator has not been able to rebalance their regime to such an extent that the realization of the related securities is in line with the regime of their constitution. Thus, in considering the impact of the admission of future goods o...
The purpose of security interests is to protect the creditor against the insolvency of the debtor. However, when they are constituted on future assets, this protection raises questions both upstream and downstream. Indeed, if the admission of future assets in the basis of security is an appropriate response to the expectations of the actors of credit, the OHADA legislator has not been able to rebalance their regime to such an extent that the realization of the related securities is in line with the regime of their constitution. Thus, in considering the impact of the admission of future goods on the regime of the securities to which they may relate, a double observation emerges. There is a kind of relief in the constitution of security interests in the sense that there is a multitude of security interests that admit future assets in their basis. However, there is a complexity in the realization of these securities. For this reason, the non-existence of the property or the beginning of the property renders the realization of the related security inoperative. Hence the need to identify certain solutions in common law, even if others may be internal to the law of security.
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