The attachment and ranking of the floating charge in Scots Law
PhD student: Dr A.D.J. MacPherson
Promotor: Prof K.G.C. Reid
Duration: 1/9/2013 - 31/8/2017
PhD defence: Edinburgh, 4/12/2017
My PhD research is principally doctrinal in its focus but with elements of comparative and historical analysis.
The floating charge in Scots law is a statutory creation modelled on the floating charge that originated in English Equity. My thesis will examine a number of attachment and ranking difficulties resulting from the introduction of this form of security right in Scotland.
The mechanism by which the floating charge attaches to property in Scots law requires detailed consideration as this will assist in determining how the floating charge interacts with particular types of property as well as other competing rights.
The ranking relationships between the floating charge and certain other types of security right are largely unexplored and my research will analyse such relationships.
With respect to the comparative elements of my research, I intend to focus on a number of different issues. This will include consideration of the general hypothec of Roman law, the reception (or non-reception) of non-possessory hypothecs in the ius commune, the existence of security rights similar to the floating charge in modern legal systems and various matters concerning the nature and ranking of security rights in other jurisdictions.