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dc.date.accessioned2016-01-28T12:47:43Z
dc.date.available2016-01-28T12:47:43Z
dc.date.issued2013
dc.identifier.urihttps://www.um.edu.mt/library/oar//handle/123456789/7833
dc.descriptionLL.D.en_GB
dc.description.abstractThe intermediation, immobilisation, and dematerialisation of securities have put the laws of various countries under stress, particularly private international law rules. The increasingly global character of securities markets has made the provision of clear choice of law rules imperative to ensure legal certainty in cross-border situations. This is particularly so, within the limited context of the Internal Market. The need for clear choice of law rules was highlighted by the Giovannini Group, but unfortunately the EU approach to the problem remains to date limited and fragmented. The main objective of this thesis is to critically analyse the choice of law rules present in EU legislation and to determine whether legal certainty is guaranteed. This thesis will be concerned solely with proprietary aspects relating to intermediated securities, but those rules will be framed within the choice of law process as formally understood by the common traditions of European private international law systems. This thesis will consider the characterisation or qualification of the issue, and its importance to distinguish proprietary issues from contractual ones. The author will argue that the approach taken in the Settlement Finality Directive and the Financial Collateral Directive vis-à-vis the legal nature and characteristics of intermediated securities is a functional one. The analysis on the choice of law rules will expose further weaknesses of the ?law where the account is located or maintained?, notably, linguistic differences in the language versions of the Directives. After analysing the provisions of the Hague Securities Convention, and other recent proposals published by the European Commission, the idea that an arbitrary and fixed choice of law rule will be floated. The discussion proceeds to investigate the scope of the applicable law determined by these choice of law rules, particularly its interaction with other choice of law rules set for insolvency and for contractual issues. The (quasi) private international law rules in the Insolvency Regulation, Winding-up of Credit Institutions Directive, and the Winding-up of Insurance Undertakings Directive, will be analysed in the context of intermediated securities.en_GB
dc.language.isoenen_GB
dc.rightsinfo:eu-repo/semantics/restrictedAccessen_GB
dc.subjectBankruptcyen_GB
dc.subjectIntermediation (Finance) -- Law and legislationen_GB
dc.subjectSecuritiesen_GB
dc.titleThe law applicable to proprietary issues relating to intermediated securitiesen_GB
dc.typemasterThesisen_GB
dc.rights.holderThe copyright of this work belongs to the author(s)/publisher. The rights of this work are as defined by the appropriate Copyright Legislation or as modified by any successive legislation. Users may access this work and can make use of the information contained in accordance with the Copyright Legislation provided that the author must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the prior permission of the copyright holder.en_GB
dc.publisher.institutionUniversity of Maltaen_GB
dc.publisher.departmentFaculty of Lawsen_GB
dc.description.reviewedN/Aen_GB
dc.contributor.creatorMifsud Bonnici, Clement
Appears in Collections:Dissertations - FacLaw - 2013

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