Our downloadable Quickguide provides an overview of key issues relevant to taking and enforcing security over real estate in England and Wales, France, Spain, Italy and Germany as at November 2020.
In this guide we compare the position in each jurisdiction relating to: security typically granted in respect of real estate; recognition of the security trustee concept; security perfection requirements and costs; enforcement methods in respect of real estate, shares and receivables; credit bidding; level of creditor control; attitude of the courts; timing; cost; the legal definition of insolvency; the impact of insolvency on enforcement; concerns regarding upstream/cross-guarantees; if the security can be declared void and unenforceable if entered into prior to insolvency; recognition of contractual subordination; equitable subordination risks and creditor ranking on insolvency. We have also considered recent (and in some cases, temporary) changes to the usual position brought about by responses to the COVID-19 pandemic in each jurisdiction.
If you have any questions regarding the information contained in this guide or how it might apply in relation to any particular circumstances, please contact any of the key contacts listed below or the Ashurst lawyers in the relevant jurisdictions whose details are set out at the end of this guide.
