It has been said that all different areas of law can be reduced to contract law. Additionally, collateral securities are often nothing more than (underlying) obligations, despite being construed in a very complex and abstract manner.
At Kocks & Partners we like to approach collateral securities in the same way that you like to do business: simple but effective. We leave the theoretical and philosophical reasoning to the academics. You want to know if your reservation clause will be valid on the other side of the border if the goods are resold there. Or how to get your goods back under the retention clause when the foreign buyer is bankrupt. Or whether you can seize goods when they are still on their way to the buyer or to a third party.
Kocks & Partners deal with collateral securities with a combination of a strong analysis of the underlying obligations and hands-on action.
David Diris, MA