Читать книгу Retos y desafíos de las garantías reales - Abel B. Veiga Copo - Страница 33

The Secured Transactions Guide recommends that the scope of secured transactions law should be as comprehensive as possible, and should thus apply to security interests in all types of movable (tangible or intangible) property (with limited exceptions), all types of person (physical or legal), all types of obligation (present or future, determined or determinable) and in all types of transaction serving security purposes (including title-based secured transactions)8. In addition, the Secured Transactions Guide recommends that secured transactions law should apply also to outright transfers of receivables by agreement. The reason is that receivables finance takes the form of outright and security transfers of, as well as security interests in, receivables; and, as it is not easy for third parties to know what is the form of a receivables finance transaction in each case, it is essential that the same third-party effectiveness and priority rules apply to all receivables finance transactions9.