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9780199256136

Shares and Other Securities in the Conflict of Laws

by
  • ISBN13:

    9780199256136

  • ISBN10:

    0199256136

  • Format: Hardcover
  • Copyright: 2003-05-29
  • Publisher: Oxford University Press

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Summary

This book examines the problems of choice of law where transactions cross borders and involve shares or other securities of different nationalities. It considers dealings in securities under the traditional direct holding system and under the modern system of holding through intermediaries. Various theories and legislative reforms have been suggested in an attempt to resolve these two methods, and the book examines the extent to which they provide a viable solution.

Author Biography


Dr. Maisie Ooi was educated at the University of Malaya and the University of Oxford, and was awarded her DPhil in 2001. She is Senior Associate with the international law firm Freshfields Bruckhaus Deringer in Hong Kong.

Table of Contents

Introduction
The present state of the common law
Analysis of choice of law rules which have been applied to shares
What is a share?
'Transfers' or 'assignments' and 'pledges' of shares
Characterization
The indirect holding system
Analysis of choice of law approaches for the indirect holding system
Assignments and collateralization
The effect of insolvency
Statutory intervention
Revised Articles 8 and 9 of the Uniform Commercial Code
European Legislation
Proposed Hague Convention on the Law Applicable to Certain Rights in respect of Securities Held with an Intermediary
Comparison of choice of law treatments
Reformulation of choice of law rules
Table of Contents provided by Publisher. All Rights Reserved.

Supplemental Materials

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