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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Pre-order. Available 21 Aug 2025
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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: A Transnational View of Mortgage Law
2. Mortgages in Private and Public International Law: Cross-Border Trade and Human Rights
3. Mortgages in the Perspective of Transnational Financial Law
4. Mortgages and Financial Assistance for Structural Market Reform
5. European Mortgage Law: Areas of Conflict between Internal Market and Fundamental Rights
6. Mortgages and Social and Environmental Responsibility
7. Reconstructing Transnational Mortgage Law
8. Conclusion

Product details

Published 21 Aug 2025
Format Ebook (PDF)
Edition 1st
Extent 240
ISBN 9781509983049
Imprint Hart Publishing
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 Assistant Professor at the Unive…

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