Property in securities : a comparative study / Eva Micheler.
2007
Items
Details
Author
Title
Property in securities : a comparative study / Eva Micheler.
Imprint
Cambridge : Cambridge University Press, 2007.
Description
1 online resource (253 pages) : digital, PDF file(s).
Series
Cambridge studies in corporate law ; 6.
Formatted Contents Note
Convergence and path-dependence
Paper transfers
Dematerialisation
Impact on the institutional framework
Defective issues
Unauthorised transfers
Indirect holdings
Conclusions on English law
German and Austrian law: the historic starting point
Paper transfers
Impact on the institutional framework
Immobilisation and its legal analysis
Evidence of convergence?
Conclusions on German and Austrian law
Legal development as a path-dependent process
Legal doctrine and market infrastructure
Implications for convergence.
Paper transfers
Dematerialisation
Impact on the institutional framework
Defective issues
Unauthorised transfers
Indirect holdings
Conclusions on English law
German and Austrian law: the historic starting point
Paper transfers
Impact on the institutional framework
Immobilisation and its legal analysis
Evidence of convergence?
Conclusions on German and Austrian law
Legal development as a path-dependent process
Legal doctrine and market infrastructure
Implications for convergence.
Summary
Micheler analyses the German, Austrian and English law of securities, addressing the rules governing transfers of securities, including unauthorised transfers, equities arising out of defective issues, and the holding of securities through intermediaries. The book presents an account of the current English, German and Austrian regimes. It has been written with a view to explaining the German and Austrian regime to readers with a common law background and to explaining the English regime to readers with a civil law background. Micheler also aims to determine whether globalisation will cause the two different approaches to converge. It concludes that the respective rules in all three jurisdictions have historically evolved consistently with incumbent legal doctrine. This pattern of change is likely to continue. Convergence will occur on a functional rather than doctrinal level. Moreover, recent reform initiatives advanced by the UNIDROIT and the EU will lead to functional rather than doctrinal convergence.
Note
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Location
WWW
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Core.
Language
English
ISBN
9780511494796 ebook
9780521832656 (hardback)
9780521832656 (hardback)
Record Appears in