Explanatory Notes

Moveable Transactions (Scotland) Act 2023

2023 asp 3

13 June 2023

Commentary on Sections

Part 2 – Security over Moveable Property

Chapter 1 - Pledge
Ranking of pledges etc.
Section 60 – Ranking

276.Subsection (1) sets out the general rule that a pledge will rank against another security according to when the right is created, and reflects the fundamental principle of property law prior tempore potior jure (earlier by time, stronger by right).