Thesis
French
ID: <
10670/1.c6xisl>
Abstract
Observing the law of secured transactions through the prism of efficiency reveals the reason why real and personal securities suffer as much from the competition from insurance law. Why are so many creditors no longer satisfied with their rights under the security agreement? Why are more and more people preferring the protection offered by the debtor's default insurance policy?Today's economy is increasingly favoring the use of an intermediary. It provides a service to agents by enduring the activities those are reluctant to achieve themselves. Insurance law allows the creditor to no longer directly bear the risk of default ; while the law of secured transactions requires the creditor to roll up his sleeves and carry out all the necessary operations for the implementation of his protection.An in-depth study of the prerogatives of the secured creditor will help to better determine the bases of their efficiency, in order to identify the appropriate levers for optimization. Knowing what makes securities efficient makes it possible to better adapt to the expectations of those who benefit from it, and increase its intelligibility and attractiveness.