I post this from my colleague Andrew Steven who has been looking a lot
at the PPSAs in connection with the Scottish Law Commission project on
moveable security -

"So far as I am aware there is nothing express on this. In Scotland
and England security law is still mainly common law rather than
statute. But in recent years I have worked fairly closely with the
Canadian, Australian and NZ PPSAs and I do not recall anything.

This does, however, make me think of the practice of pledging mummies
in ancient Egypt, whereby if the loan was not repaid the debtor was
denied burial after his own death. See V S Meiners, "Formal
Requirements of Pledge under Louisiana Civil Code Article 3158 and
Related Articles" (1987) 48 LaLR 129 and Pufendorf, De Jurae Naturae
et Gentium V.10.13.

Andrew"
-------------

Hector

--
Hector L MacQueen
Professor of Private Law
Edinburgh Law School
University of Edinburgh
Edinburgh EH8 9YL
UK

SSRN http://ssrn.com/author=463210

Currently working at the Scottish Law Commission tel: (UK-0)131-662-5222


Quoting "Harrington Matthew P." <matthew.p.harrington@umontreal.ca> on
Wed, 11 Jun 2014 20:34:09 +0000:

> I wouldn't get wrapped up in the "who would take it question"? I
> think there are a lot of situations, especially involving sperm
> where it would be quite valuable.
>
> How about the sperm of an olympic gold medalist? Certainly, the
> owners of those travelling human body exhibits, like Body Works,
> might be able to use the body part exhibits as collateral for bridge
> loans. It seems to be a productive enterprise raking in millions of
> pounds a year in admission fees.
>
> And, maybe the folks at UCL would be very interested in using Jeremy
> Bentham's head as collateral, if they ever fall into hard times.
>
> I agree with Lionel. My sense is that the PPA would permit these
> items to be the subject of a security interest. The PPA question is
> really one of whether it's property. If the common law regards it
> as property, then the PPA should as well.
>
> How this, though: Wouldn't this also mean that human tissue could
> be the corpus of a trust? Are the UCL Council trustees of Jeremy
> Bentham's head?
>
>
> ---------------------------------------
> Matthew P. Harrington
> Professeur titulaire
>
> Faculté de droit
> Université de Montréal
> 3101 chemin de la Tour
> Montréal, Québec H3T 1J7
> 514.343.6105
> --------------------------------------
>
> [https://encrypted-tbn0.gstatic.com/images?q=tbn:ANd9GcRgX-NM1Ac4Upw7540OBYbvJd2eP1dtEKbUibrVjScGP_cCpECnVZLGgibz]
>
>
> ________________________________
> From: Angela Swan [aswan@airdberlis.com]
> Sent: June 11, 2014 4:02 PM
> To: 'Lionel Smith, Prof.'; obligations@uwo.ca; keith.rowley@unlv.edu
> Subject: RE: ODG: Human Tissue is Property in Canada
>
> If frozen semen can be a ?good? I'm sure that a security interest
> could be taken in it ? though I find it hard to imagine
> circumstances in which a lender would do that, except perhaps as an
> incident of a General Security Agreement ? and those aren?t usually
> given by individuals.
>
> Angela
>
> From: Lionel Smith, Prof. [mailto:lionel.smith@mcgill.ca]
> Sent: June-11-14 3:50 PM
> To: obligations@uwo.ca; keith.rowley@unlv.edu
> Subject: Re: ODG: Human Tissue is Property in Canada
>
> I think the Canadian PPSA's would simply follow the general law.
> That is, if it counts as personal property, you can give a security
> interest in it. The PPSA's are not in the business of saying what
> counts as personal property.
> Lionel
>
>
> From: Andrew Tettenborn
> <a.m.tettenborn@swansea.ac.uk<mailto:a.m.tettenborn@swansea.ac.uk>>
> Date: Wednesday, 11 June 2014 at 15:43
> To: Jason Neyers <jneyers@uwo.ca<mailto:jneyers@uwo.ca>>, ODG
> <obligations@uwo.ca<mailto:obligations@uwo.ca>>,
> "keith.rowley@unlv.edu<mailto:keith.rowley@unlv.edu>"
> <keith.rowley@unlv.edu<mailto:keith.rowley@unlv.edu>>
> Subject: Re: ODG: Human Tissue is Property in Canada
>
> What lender in its senses would want to take it? Unless it's
> something v odd like a lock of Napoleon's hair, it's hardly saleable
> on default.
>
> Andrew
> On 11/06/2014 20:28, Jason Neyers wrote:
> On behalf of Keith Rowley:
> I'm curious, in light of this discussion (and my idiosyncratic
> fascination with the legal issues raised by films like Repo Men and
> The Island), whether there is any statutory, regulatory, or case law
> addressing whether the Canadian PPSA -- or its counterparts in
> England, Australia, Ireland, New Zealand, Scotland, or any other
> ODG-er jurisdiction -- allows consensual personal property security
> interests in human tissue or human biological materials.
>
> Keith
>
>
>
> --
>
> Jason Neyers
>
> Professor of Law
>
> Faculty of Law
>
> Western University
>
> N6A 3K7
>
> (519) 661-2111 x. 88435
>
> --
>
>
> Andrew Tettenborn
> Professor of Commercial Law, Swansea University
>
> School of Law, University of Swansea
> Richard Price Building
> Singleton Park
> SWANSEA SA2 8PP
> Phone 01792-295831 / (int) +44-1792-295831
> Fax 01792-295855 / (int) +44-1792-295855
>
> Andrew Tettenborn
> Athro yn y Gyfraith Fasnachol, Prifysgol Abertawe
>
> Ysgol y Gyfraith, Prifysgol Abertawe
> Adeilad Richard Price
> Parc Singleton
> ABERTAWE SA2 8PP
> Ffôn 01792-295831 / (rhyngwladol) +44-1792-295831
> Ffacs 01792-295855 / (rhyngwladol) +44-1792-295855
>
>
>
>
> Lawyer (n): One versed in circumvention of the law (Ambrose Bierce)
>
>
>
>
>
>
> ***
>
>
>



--
The University of Edinburgh is a charitable body, registered in
Scotland, with registration number SC005336.