CEU Electronic Theses and Dissertations, 2018
| Author | Subedi, Bipin |
|---|---|
| Title | In/Adequacy of Nepal's Law on Security Interests in Light of UNCITRAL Legislative Guide on Privately Financed Infrastructure Projects |
| Summary | Private participation in infrastructure development is a necessity and this is usually done through complex project financing. Project securities are one of the primary legal concerns of the lenders in such transactions. Nepal though has adopted a separate law on security interest, it has some inadequacies in addressing the security concerns of lenders in infrastructure financing. Consequently, this thesis is focused on the review and analysis of the Secured Transaction Act and other relevant laws of Nepal in terms of its adequacy to effectively regulate project securities in reference to two legislative guides of UNCITRAL on privately financed infrastructure projects and secured transactions. The thesis discusses some positive aspects and inadequacies of the regulation in context of securing obligations in project finance transactions. Though the Secured Transactions Act provides comprehensive scope for creation of security, it has some inconsistencies with requirements of project security. Requirement of possession for maturing security in goods, ambiguity as to the possibility of creating security over contractual non-monetary claims and concession agreement, and uncertainty in possibility of exercising step in right are some of the problems in existing secured transaction laws of Nepal. Keywords: Secured Transactions Law, Privately Financed Infrastructure Project, Project Finance, Security Interest, Nepal |
| Supervisor | Tajti, Tibor |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2018/subedi_bipin.pdf |
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