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Tomasz Tomczak
European Business Law Review
Volume 33, Issue 7 (2022) pp. 1123 – 1140
https://doi.org/10.54648/eulr2022049
Abstract
In many continental legal systems it was often problematic to grant a security right to an entity separate from the holder(s) of the secured receivables. Such arrangement was especially desired by the parties in complex lending structures with many creditors. To solve this problem various legal solutions have been created in different countries. In Poland and in France the special institution of a security agent has been introduced. Aim of this article is to compare those two regulations. The conclusion is that the French provisions better deals with the challenges posed by the entity separation problem.
Keywords
Security agent, collective security arrangements, entity separation, unity principle, security rights, security interest, syndicated loan, bond issue, accessoriness of security rights.
Extract
The article explores the European Union’s (EU) conflict response to Lebanon in the wake of Syria’s war and its spillover effects. Seeking to boost the polity’s ‘resilience’, the EU has deployed resources and strategies to stabilize the country, enhance its social cohesion and promote ‘effective governance’. The EU has furthermore integrated Lebanon in its broader response to the outcomes of the Arab uprisings and the Syrian conflict. While the EU has become more attuned to Lebanon’s conflict environment, it has had limited effectiveness in handling Lebanon’s conflict processes against the benchmark of its declared goals. The EU’s realist-normative dilemmas and inability to address Lebanon’s core issues of contention emerge as constraining factors. The bloc is more effective in mitigating short-term strains through cooperating with the government on convergent interests such as security and refugee governance than playing an impactful role in conflict resolution.
European Foreign Affairs Review