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Theoretical and Legal Reflections on Securities Dispositions

Author

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  • Holub Dušan

    (JUDr. Dušan Holub, PhD.; University of Economics in Bratislava, Faculty of Commerce, Department of Commercial Law, Dolnozemská cesta 1, 852 35 Bratislava)

  • Némethová Ildikó

    (PhDr. Ildikó Némethová, PhD.; University of Economics in Bratislava, Faculty of Applied Languages, Department of Intercultural Communication, Dolnozemská cesta 1, 852 35 Bratislava)

Abstract

Decreasing the number of materialised securities for the benefit of electronic securities has led to distinctions between commercial and legal opinions on securities transactions. Contemporary financial markets only trade electronic securities held in securities accounts. Securities law enhances adjustments to economic realities and not to legal principles. Discrepancies between economic realities and securities regulation should be resolved in order to find a balance between successfully functioning transactions of electronic securities and legal schemes which are based on transfers of physically existing assets, which include securities, as a result of the theory of incorporations, in certain legal regulations. This article is a theoretical and legal reflection on selected issues connected with the transfer of securities with reference to discrepancies between economic realities and legal regulations.

Suggested Citation

  • Holub Dušan & Némethová Ildikó, 2015. "Theoretical and Legal Reflections on Securities Dispositions," Studia Commercialia Bratislavensia, Sciendo, vol. 8(31), pages 353-361, September.
    • Handle: RePEc:vrs:stcomb:v:8:y:2015:i:31:p:353-361:n:2
    DOI: 10.1515/stcb-2015-0034
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