Читать книгу Retos y desafíos de las garantías reales - Abel B. Veiga Copo - Страница 35

According to the Secured Transactions Guide, the overall objective of an efficient and effective secured transactions law, is to promote low-cost credit by enhancing the availability of secured credit. To achieve this objective, secured transactions law should aim at achieving a number of sub-objectives, including the following: (a) to simplify the creation of a security interest, avoiding unnecessary formalities; (b) to provide for the equal treatment of diverse sources of credit (financial institutions and other lenders, and suppliers of goods on credit); (c) to validate non-possessory security interests; (d) to enhance certainty and transparency by providing for the registration of a notice of a security interest in a general security interests registry; (e) to establish clear and predictable priority rules; and (f) to facilitate efficient enforcement of security interests; and (g) to balance the interests of all persons affected by a secured transaction (secured and unsecured creditors, preferential creditors, buyers of encumbered assets, and the insolvency administrator in the insolvency of the debtor)11.