The Legal Problems of Securities for Banker’s Advances

Abstract

The dissertation attempts to explore the legal and practical problems of securities for banker’s advances. It is not within the scope of this dissertation to discuss all types of securities, rather attention is merely drawn to the securities that are specified in the Circulars of the Central Bank of Sudan. This dissertation is divided into Fives Chapters: Chapter one is concerned with the Proprietary Securities. This chapter comprises two parts; the first part deals with mortgages over immovable property, and the second, with charges i.e. company charges (fixed and floating). Chapter Two addresses the Possessory Securities and discusses the manners whereby the banks can take constructive possession over the goods rather than taking actual possession i.e. the classic pledge. Chapter Three is about Choses in Action. It deals exclusively with the company stocks, shares and bank balances according to the Circulars of Central Bank of Sudan. It examines the types of shares and their use as security. Chapter Four is about the Sale of Property Mortgaged to Banks Act 1993 and the problems of its application in practice. Chapter Five contains conclusions, some recommendations and suggestions.