Abstrakt
How does the country's belonging to the system of "continental" or "common" law affect the possibility of securing a debt claim? The regulation of the security of debt in common law countries differs from the continental system. The countries with a continental legal system contain provisions on securing in civil codes, and some of the securing instruments are regulated in special laws (usually mortgages).
However, it is not only the absence of civil codes, in many common law countries there are also statutes regulating these relations. For example, in the United States, security is regulated by the Uniform Commercial Code.
The main difference lies in the influence of the judicial precedent on the formation of individual provisions and their legal regulation.Therefore, security will be considered in some countries of the common law system and in civil law systems.