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Section 9 establishes a security interest through a security agreement under which the debtor grants, as collateral for a loan or other obligation, a conservatory deposit of the debtor`s assets. More elaborate security critics indicate that while unsecured creditors receive less in the event of insolvency, they should be able to compensate with a higher interest rate. However, since many unsecured creditors are unable to adjust their „interest rates“ upwards (Tort Claimants, employees), the company enjoys a more favourable credit rate, to the detriment of these inadequate creditors. There is therefore a transfer of value from these parties to guaranteed borrowers. [8] The development of the law of non-clean security interests in personal property was particularly confusing and chaotic. Under the rule of Twynes Fall (1601),[10] the transfer of part of the property without immediate transfer of ownership has always been considered a fraudulent transport. [11] It would take more than two hundred years for such security interests to be recognized as legitimate. The common security interests are either held or ine owned, depending on whether the insured party must effectively take possession of the guarantee. They are also the result of an agreement between the parties (usually through the performance of a security contract) or the application of the law. Laws relating to the adoption and enforcement of security vary from country to country and depend on common or civil law. [34] A security interest is generally granted by a „security agreement.“ Security interest is established with respect to real estate where the debtor has a stake in the property and the holder of the security lent to the debtor receives a value such as the granting of a loan, for example.B. A pledge (also called a pledge) is a form of guarantee of ownership and, therefore, the pledge assets must be physically handed over to the beneficiary of the pledge guarantee (the taker). Mortgages are used in commercial contexts in commercial enterprises (especially physical, commodity transactions) and are still used by pawnbrokers who, contrary to their old worldview, remain a regulated credit industry.