Abstract
This LL.M. thesis provides a comparative analysis of purchase money security interests under United States and Israeli law, tracing the doctrine's development in both America (from nineteenth-century American case law through its codification in Article 9 of the Uniform Commercial Code) and Israel (from its first recognition in Bank Leumi Ltd. v. Anglo-Palestine Bank through its adoption into section 169(d) of the Israeli Companies Ordinance in 1989). The work examines the historical emergence of purchase money priority, analyzes the economic rationales underlying the doctrine, and addresses key legal requirements including the "enabling" and "use in fact" requirements along with the "new value" doctrine. Contemporary controversies such as late advances, differing tracing methods, cross-collateralization, and refinancing transactions are explored alongside competing judicial approaches — notably the "transformation rule" and the "dual status rule." The thesis concludes that American case law should guide Israeli courts in resolving future purchase money priority disputes.
Repository Citation
Price, Eyal S., "Contemporary Issues in Purchase Money Security Interests - Applications to Israeli Law?" (1991). LLM Theses and Essays. 341.
https://digitalcommons.law.uga.edu/stu_llm/341
Included in
Commercial Law Commons, Comparative and Foreign Law Commons, Secured Transactions Commons