учебный год 2023 / Perera, Lyczkowska, Conflicts among Creditors in the Regulation of Security Interests under the Draft Common Frame of Reference a View from Spanish Law

legislator are not complied with. However, the field of security interest under Spanish law should probably be reformed and the rules governing the registration of retention of ownership devices should also be loosened, so that said security interest is more attractive to creditors. Finally, it is noteworthy that, under Spanish law, enterprise charges do not follow the model of floating charges exactly and the two should not be confused. With regard to whether the after-acquired clause is effective with respect to the priority of future assets, the DCFR raises doubts as to its interpretation, but under Spanish law, the unpaid vendor’s practical priority should be taken as a criterion when solving this conflict among creditors, even among creditors with non-purchase-price conflicts.

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