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The Hague Convention on the law applicable on the relevant rights of the holders of the securities through a middleman \

Author: ZuoChunLei
Tutor: DuanDongHui
School: China University of Political Science
Course: International Law
Keywords: Hague Securities Convention Indirectly held by institutional PRIMA principle
CLC: D997
Type: Master's thesis
Year: 2006
Downloads: 266
Quote: 6
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Abstract


Indirectly held securities is the main mode of today's cross-border securities holding and transactions. However, due to the traditional principle of lex situs \The unpredictability risk. The Hague, \, and the the PRIMA principle of autonomy principle of effective combination, to build a new choice of law, and made a great contribution in the field to provide certainty and predictability of the law applies. In this paper, based on the introduction of the background and the main content of the Convention, the Convention adopted by the PRIMA principle, pointed out that the contribution made by its indirect tenure under the Securities property rights law applies also pointed out Convention apply to two different indirectly holds legal system. Finally, an overview of China's current situation and cope with countermeasures. This paper is divided into the following four parts: the first chapter: Convention background and process. International securities markets, promote financial integration, technological modernization of securities in the form, method of settlement and the velocity of change, leading to enormous changes of the system of securities held directly to the indirect holding system. System but indirectly held under securities holding and trading of securities intermediary through multi-level, determine the relationship of such trading property rights law applies the the traditional lex situs principle as well as the specific application of the principle of perspective methods problems and difficulties. Therefore, in the field requires a new choice of law. Hague Securities Convention came into being precisely in this case. This chapter focuses on the market motives and background of substantive law and private international law background, the Hague Securities Convention and the Convention process outlined elaborate. Chapter II: The Hague Convention on the main content. This chapter introduces the scope of application of the Hague Convention and the Deciding related content. Scope to introduce its range of entities, geographic scope, also pointed out that the premise of the Convention applies to securities credited to a securities account, enter indirectly held system. Introduces Deciding to determine the rules of the Convention, the provisions of applicable law, the applicable law to change the rights of protection, multi-

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