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ISDA Credit Support Legal Issues

Author: GuoZiZuo
Tutor: LiuLi
School: China University of Political Science
Course: International law
Keywords: International financial derivative transactions ISDA Credit support arrangements
CLC: D996.2
Type: Master's thesis
Year: 2011
Downloads: 63
Quote: 0
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Abstract


In recent years, the rapid development of the practice of international financial derivative transactions to the study of the International Financial Law made a lot of new problems and challenges. Due to the international financial derivative transactions virtual, high-risk characteristics, effectively control the transaction's credit risk is essential. Credit risk within the framework of the International Swaps and Derivatives Association (International Swaps and Derivatives Association, referred to as ISDA) published a series of legal documents, the parties to the transaction are two ways to \arrangements and third-party guarantees. ISDA credit support arrangements can be described as self-contained, with a strong Anglo-American law characteristics, its close connection with the system of the ISDA Master Agreement and Credit Support role played an irreplaceable role in the international financial derivative transactions. The same time as China's financial derivatives market has just started, the relevant legislation is missing or scattered, far from meeting the needs of the practice. The credit analysis of the international financial derivative transactions support arrangements has far-reaching significance in the present. This article focuses on the legal framework of a series of documents released by the International Swaps and Derivatives Association ISDA group ISDA credit support arrangements with the rules and the effect in the national legal systems to China's financial derivatives transactions secured Legal System congregate. The text is divided into four parts, the first part of the international financial derivative transactions and the International Swaps and Derivatives Trading Association released a series of legal documents ISDA an overview of the legal framework, including the definition of the international financial derivative transactions, major classification and ISDA legal the introduction of the framework. ISDA credit support arrangement is not an independent entity, but closely linked to the system of the ISDA Master Agreement. Combined with ISDA legal documents is the main content of the agreement and system analysis to better understand and discusses the ISDA credit support arrangements. The second part discusses the ISDA credit support arrangements, including ISDA credit support arrangements, terms and design of the system summarizes the characteristics of the ISDA credit support arrangements, and on this basis, a more intuitive discussion of the ISDA credit support arrangements . The third part is the analysis of the basic legal issues in the ISDA credit support arrangements, according to two categories of Credit Support Scheme Document, this chapter discusses in detail the way of security interest credit support arrangements and transfer of ownership of credit support arrangements in English law, New York, United States force and legal issues that may arise under the law and German law legal system. This part of the focus of this article one. The fourth part is the building of China's financial derivative transactions guarantee system. Specific analysis of the effectiveness of our law ISDA credit support arrangements for China's \This chapter also discusses the feasibility of our traditional security interest in the theory of the constraints of the ISDA credit support arrangements and compatible, based on the idea of ??financial derivative transactions guarantee system legislative model.

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CLC: > Political, legal > Legal > International law > International Economic Law > International financial and monetary law
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