„SECURING TRANSACTIONS IN THE ECONOMIC COURSE"

„In God we trust, the rest pay cash"

Purpose of workshop – the objective is to provide theoretical and practical knowledge on effective security of commercial transactions regardless of the field of business. The lecturer - Ms. M. Rytwińska-Rasz Ph. D. - deals with commercial and service debt collateralization working for one of the largest construction corporations in Europe, and rendering services to Polish branch of this company. She is also the author the first doctoral dissertation in Poland on one of the most widely used collaterals titled ‘Fiduciary Assignment’. During the workshop case studies, answers to questions and examples of the participants are discussed and the effectiveness of specific collaterals for specific situations is analyzed. In practice, the addressee group of the workshops constitute, in particular, experts in finance, commercial managers and specialized commercial services.

1. Introduction - the formula of the workshop.

- presentation of workshop technique,

- introduction of lecturer,

- the purpose of the workshop

2. Case study 1 - case study based on random event in the UK

3. The rules for implementing the obligations - article 354 Civil Code

- implementation of commitments in accordance with its terms

4. What are the implications of additional collateral of commitments performance?

- acceptable risk?, common sense?, premonition?, negative experiences?, gossip?, Peace of mind (!!!)

5. Factual collateral of the claim – ‘the devil is in the details’

5.1. Mortgage –

- Case study 2 - study of a real estate, encumbered by a number of mortgages, located in the center of a big city for a large retail chain

- theory (articles 65 - 112 of the Act on Land Register and Mortgage)

 - Practice in judicial decisions

 5.2. Pledge

- theory vs. practice - who and under what circumstances uses the pledge?

5.3. Transfer of ownership for collateral

- Case study 3 - study of a referral of enforcement by creditors of the borrower to the car in repossession as a credit collateral

- practice and admissibility of the application, theory assumptions (?)

- judicial decisions

5.4. Other

6. Personal collateral of the claim

6.1. Bank guarantee - Chapter 6 of the Banking Act

- is the bank guarantee independent of the debt which it collateralizes - a bank guarantee in the eyes of an expert

- Examples in the light of judicial decisions

6.2. Surety - articles 876 - 887 Civil Code

- theory in light of Supreme Court jurisprudence

6.4. Transfer to secure

- Case study 4 – transfer to collateralize the claim in the event of bankruptcy of the seller

- Case study 5 - how an ordinary debtor "non-lawyer" may surprise prepared "for all" professional lawyers

6.5. Promissory note - the Act of April 28, 1936 Law on Bill of Exchange

7. Reasons for selecting a particular method of collateral

7.1. The effectiveness of individual security

7.2. Easiness of satisfying the creditor

7.3. The volume of transactions

7.4. A debtor

Kancelaria Prawna 90-060 Łódź, ul. Nawrot 4/1, tel./fax +48 /42/ 630 58 41, tel. +48 /42/ 632 51 44, kancelaria@b2blegal.pl
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