Journal Article

The mining, agricultural and construction equipment protocol to the Cape Town Convention project: The current status

Charles W. Mooney, Marek Dubovec and William Brydie-Watson

in Uniform Law Review

Volume 21, issue 2-3, pages 332-360
Published in print August 2016 | ISSN: 1124-3694
Published online September 2016 | e-ISSN: 2050-9065 | DOI: https://dx.doi.org/10.1093/ulr/unw023
The mining, agricultural and construction equipment protocol to the Cape Town Convention project: The current status

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The Cape Town Convention is one of the most successful international commercial law treaties. Through its three Protocols, it provides a global regime for the creation of international interests in mobile equipment. Unidroit is currently exploring the possibility of extending the Cape Town Convention to mining, agricultural and construction (MAC) equipment. This article provides an overview of the progress thus far achieved, while also focusing attention on some of the intricate legal issues pertaining to MAC equipment, such as the effect of its affixation to immovable property and adjustments to its scope. Finally, it discusses potential economic and legal benefits of the future MAC Protocol and the manner in which the Protocol could be coordinated with domestic secured transactions frameworks.

Journal Article.  14487 words. 

Subjects: Comparative Law ; Private International Law and Conflict of Laws

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