Moveable Transactions (Scotland) Act 2023
2023 asp 3
Commentary on Sections
Part 2 – Security over Moveable Property
Chapter 1 - Pledge
Enforcement of pledge
Section 72 – Secured creditor’s right to protect and manage the property
314.This section provides for a secured creditor who is entitled to sell encumbered property under section 68 to be able to take additional measures to protect etcetera the property as specified in the section, and to preserve its value. These rights operate in addition to the rights under section 67(2)(b) to take reasonable steps to ensure that property is not disposed of or used in an unauthorised way (which might also be characterised as a right to protect the property and therefore be covered by subsection (1)).
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