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The crystallisation of floating charges: rethinking the conceptual framework

Quinn, John (2020) The crystallisation of floating charges: rethinking the conceptual framework. Journal of Corporate Law Studies, 20 (1). pp. 179-198. ISSN 1473-5970

Abstract
Crystallisation is the name given to the conversion of a floating charge into a fixed charge. While much has been written on how charges are classified as fixed or floating and on the theoretical nature of the floating charge, crystallisation is, by comparison, less developed. This article offers three main contributions. First, it draws a clear distinction between two types of crystallisation: automatic and express. Second, it applies the theoretical literature on floating charges to crystallisation and examines the different meanings crystallisation takes under these theoretical frameworks. Finally, it makes an original argument on the effectiveness of express crystallisation clauses. The claim is that because a crystallised floating charge establishes the same proprietary interest as a fixed charge ab initio, the legal criteria necessary to create a fixed charge should also be necessary for the triggering of an express crystallisation clause to be effective in crystallising a charge.
Metadata
Item Type:Article (Published)
Refereed:Yes
Uncontrolled Keywords:Crystallisation; floating charges
Subjects:Social Sciences > Law
DCU Faculties and Centres:DCU Faculties and Schools > Faculty of Humanities and Social Science > School of Law and Government
Publisher:Taylor & Francis
Official URL:http://dx.doi.org/10.1080/14735970.2019.1648109
Copyright Information:© 2020 Taylor & Francis
Use License:This item is licensed under a Creative Commons Attribution-NonCommercial-Share Alike 3.0 License. View License
ID Code:25494
Deposited On:18 Feb 2021 16:01 by John Quinn . Last Modified 18 Feb 2021 16:10
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