Open AccessNon-Consensual Security Interests in Personal Property
Author(s) -
Roderick J. Wood,
Michael I. Wylie
Publication year - 1992
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr1220
Subject(s) - personal property , property (philosophy) , predictability , trace (psycholinguistics) , set (abstract data type) , security interest , business , law and economics , computer security , law , political science , computer science , economics , epistemology , philosophy , linguistics , physics , quantum mechanics , programming language
The authors trace the chaotic growth of non-consensual security interests in personal property. Rules governing non-consensual security interests are analyzed and shown to have developed in an inconsistent and unpredictable manner. The authors set out a framework to resolve the priority contests between security interests governed by the Personal Property Security Act and non-consensual security interests. Ultimately, the authors call for reform to this area of the law, similar to that which occurred to chattel security law with the advent of the Personal Property Security Act, so as to create some degree of predictability in the area.