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Transnational Mortgage Law

Reconstructing the Global Framework for Housing Finance

Transnational Mortgage Law cover

Transnational Mortgage Law

Reconstructing the Global Framework for Housing Finance

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Description

This book uncovers and reconstructs the growing body of legal principles and rules governing mortgages that have been developed by different transnational institutions and actors.

It shows how mortgages have evolved from a type of real security commonly used to facilitate lending by mitigating credit risk, to a transferable commodity with the potential to affect international financial stability and consumer welfare. In doing so, the book reveals the emergence of new policy objectives and rationales for regulation that have led to changes in the structure and functions of mortgage laws. Characterising this development as a type of transnational law, the book highlights the paradigm shifts in the law of residential mortgages brought about by their increasing global relevance. The analysis reveals tensions between the goals of risk mitigation, financial stability, consumer protection and housing justice.

The result is an innovative analysis at the intersection of contract law, property law and international financial regulation. The book portrays transnational mortgage law as a complex field governed by a plurality of socially and economically relevant but potentially conflicting goals and principles.

Table of Contents

1. Introduction
2. Comparative National Dimension
3. Transnational Instruments
4. European Law
5. Analysis and Conclusion

Product details

Published 21 Aug 2025
Format Hardback
Edition 1st
Extent 224
ISBN 9781509983063
Imprint Hart Publishing
Dimensions 234 x 156 mm
Series Hart Studies in Commercial and Financial Law
Publisher Bloomsbury Publishing

About the contributors

Author

Guido Comparato

Guido Comparato is Senior Lecturer in Law at Birkb…

Author

Irina Domurath

Irina Domurath is Adjunct Professor of Law at the…

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