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Vol 21 No 11 Nov/Dec 2016

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Property Rights in Investment Securities and the Doctrine of Specificity

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ISBN13: 9783642099434
Published: October 2010
Publisher: Springer-Verlag
Country of Publication: Germany
Format: Paperback (Hardback in 2009)
Price: £135.00



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The swift developments within the financial markets over the last 20-30 years conflict with traditional property law structures and have caused a great degree of legal uncertainty. This book evaluates the requirement for specificity as a criterion for property rights in securities evidenced by electronic entries made on securities accounts. Three principal questions are examined: i) reuse of financial collateral and the problems arising from the collateral-taker's right to reuse the collateral; ii) characterisation of repos; and iii) the question of property rights in securities that are unallocated in relation to their entitlement holders. The analysis is made from the perspective of specificity and the requirement that the object of a property right must be identified. English, US and Swedish law are compared with the aim of finding viable solutions to the identified problems.

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Contents:
The New Order.
Developments of the Securities Markets.
The Use of Collateral in the Securities Markets.
Property Rights in Securities and the Doctrine of Specificity under English Law.
Property Rights in Securities and the Doctrine of Specificity under Swedish Law.
Property Rights in Securities and the Doctrine of Specificity under US Law.
Securities as Property.
Property Rights in Securities and the Doctrine of Specificity: A Comparative Analysis with an Outlook De Lege Ferenda.