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- Publisher Website: 10.1080/17441048.2019.1670397
- Scopus: eid_2-s2.0-85076933915
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Article: Rethinking the Characterisation of issues relating to securities
Title | Rethinking the Characterisation of issues relating to securities |
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Authors | |
Keywords | characterisation securities applicable law common law global solution |
Issue Date | 2019 |
Publisher | Routledge. The Journal's web site is located at https://www.tandfonline.com/toc/rpil20/current |
Citation | Journal of Private International Law, 2019, v. 15 n. 3, p. 575-604 How to Cite? |
Abstract | This article contends that there is a pressing need to rethink the characterisation of issues relating to securities, both complex and plain vanilla. It will demonstrate that the less than coherent choice-of-law process that exists for securities today is a consequence of courts utilising characterisation categories and rules that had not been designed with securities in mind and applying them in disregard of the new dimensions that securities and their transactions bring to characterisation. These have resulted in rules that do not provide certainty and predictability to participants in the securities and financial markets.
The thesis that this article seeks to make is that a new characterisation category is required that is specific to securities which will encompass both directly held and intermediated securities (possibly also crypto-securities), and address issues of property, contract and corporations together. This will have its own choice-of-law rules which will be manifestations of the lex creationis, the law that created the relevant res or thing that is the subject-matter of the dispute. The convergence of issues traditionally dealt with by separate categories and rules will simplify and make for more coherent choice-of-law for securities. |
Persistent Identifier | http://hdl.handle.net/10722/275042 |
ISSN | 2023 Impact Factor: 0.3 2023 SCImago Journal Rankings: 0.123 |
ISI Accession Number ID |
DC Field | Value | Language |
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dc.contributor.author | Ooi, MSL | - |
dc.date.accessioned | 2019-09-10T02:34:15Z | - |
dc.date.available | 2019-09-10T02:34:15Z | - |
dc.date.issued | 2019 | - |
dc.identifier.citation | Journal of Private International Law, 2019, v. 15 n. 3, p. 575-604 | - |
dc.identifier.issn | 1744-1048 | - |
dc.identifier.uri | http://hdl.handle.net/10722/275042 | - |
dc.description.abstract | This article contends that there is a pressing need to rethink the characterisation of issues relating to securities, both complex and plain vanilla. It will demonstrate that the less than coherent choice-of-law process that exists for securities today is a consequence of courts utilising characterisation categories and rules that had not been designed with securities in mind and applying them in disregard of the new dimensions that securities and their transactions bring to characterisation. These have resulted in rules that do not provide certainty and predictability to participants in the securities and financial markets. The thesis that this article seeks to make is that a new characterisation category is required that is specific to securities which will encompass both directly held and intermediated securities (possibly also crypto-securities), and address issues of property, contract and corporations together. This will have its own choice-of-law rules which will be manifestations of the lex creationis, the law that created the relevant res or thing that is the subject-matter of the dispute. The convergence of issues traditionally dealt with by separate categories and rules will simplify and make for more coherent choice-of-law for securities. | - |
dc.language | eng | - |
dc.publisher | Routledge. The Journal's web site is located at https://www.tandfonline.com/toc/rpil20/current | - |
dc.relation.ispartof | Journal of Private International Law | - |
dc.rights | Preprint: This is an Author's Original Manuscript of an article published by Taylor & Francis Group in [JOURNAL TITLE] on [date of publication], available online: http://www.tandfonline.com/doi/abs/[Article DOI]. Postprint: This is an Accepted Manuscript of an article published by Taylor & Francis Group in [JOURNAL TITLE] on [date of publication], available online at: http://www.tandfonline.com/doi/abs/[Article DOI]. | - |
dc.subject | characterisation | - |
dc.subject | securities | - |
dc.subject | applicable law | - |
dc.subject | common law | - |
dc.subject | global solution | - |
dc.title | Rethinking the Characterisation of issues relating to securities | - |
dc.type | Article | - |
dc.identifier.email | Ooi, MSL: maisie01@hku.hk | - |
dc.identifier.authority | Ooi, MSL=rp01368 | - |
dc.description.nature | link_to_subscribed_fulltext | - |
dc.identifier.doi | 10.1080/17441048.2019.1670397 | - |
dc.identifier.scopus | eid_2-s2.0-85076933915 | - |
dc.identifier.hkuros | 304765 | - |
dc.identifier.volume | 15 | - |
dc.identifier.issue | 3 | - |
dc.identifier.spage | 575 | - |
dc.identifier.epage | 604 | - |
dc.identifier.isi | WOS:000511145100005 | - |
dc.publisher.place | United Kingdom | - |
dc.identifier.issnl | 1744-1048 | - |