Financial collateral Arrangements under Directive 2002/47/ec of the European Parliament and of the Council of 6 June 2002
AbstractThe aim in this article is to compare effect of financial collateral arrangements under Directive 2002/47 EC. The starting point is the definitions of these contracts provided by the Financial Collateral Directive. The financial collateral arrangements have their historical roots in Roman law. Their effect introduces new legal framework in EU secured transaction legislation. For appropriate understanding of their legal nature a comparative examination between two secured transactions is needed. The conclusions of the article summarize the ideas which may useful in future amendments of the Directive 2002/47 EC.
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Bibliographic InfoPaper provided by University Library of Munich, Germany in its series MPRA Paper with number 12253.
Date of creation: 09 May 2008
Date of revision: 17 Dec 2008
financial collateral arrangements; title transfer financial collateral arrangement; security financial collateral arrangement; netting;
Find related papers by JEL classification:
- K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
- K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law
- K11 - Law and Economics - - Basic Areas of Law - - - Property Law
This paper has been announced in the following NEP Reports:
- NEP-ALL-2009-01-03 (All new papers)
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- Thomas Keijser & ed., 2003. "Report on a Right of Use for Collateral Takers and Custodians," Law and Economics 0308001, EconWPA, revised 14 Nov 2003.
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