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Private international law issues in cross - border financial contract dispute

Author: LiJia
Tutor: DuTao
School: Fudan University
Course: International law
Keywords: Cross - border financial products KODA Legal system
CLC: D997
Type: Master's thesis
Year: 2011
Downloads: 64
Quote: 0
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Abstract


Since the financial crisis, China has invested heavily in Hong Kong banks KODA investors suffered a loss, followed by KODA represented by a series of lawsuits, litigation has caused a great deal of attention in China's financial sector and the legal profession and a wide range of discussions. KODA such cross-border financial products itself is extremely complex risk are banned in many countries, sales for the country's financial market, it is a new thing, so related to the lack of relevant specifications of such products legal system. 2008 DBS Bank KODA security agreement in the sales contract is based on small and medium investors in the Mainland Haomou filed a lawsuit. Beijing Second Intermediate People's Court accepted the case, the Mainland's first accepting the case of financial derivatives. Fact that the legal dispute between the parties is nothing less than the following, the Mainland, in this case whether the court has jurisdiction; second, how the main contract a KODA financial products as well as the effectiveness of the guarantee contract, the agreement between the parties choose The law applies whether a violation of the public policy of our country. In this paper, through the analysis of these issues, combined with analysis on the nature of the financial products in KODA explore around these problems, and through the use of the knowledge of private international law, the combination of legislative and judicial law practice, research and sort out the legal issues involved in the contract, and hope to provide a viable paradigm for the rights of small and medium-sized investors. This article is divided into five chapters, the first chapter introduces the theoretical definition of cross-border financial contracts and cumulative options financial derivatives of. Due to the more complex nature of its own law, and there is no standard definition of cross-border financial contracts. At the same time, make a brief case v. small and medium investors in the first chapter of DBS Bank, to facilitate the readers to understand the case, and pave the way for the following analysis of the legal issues. Second chapter is the analysis made by the Court's jurisdiction in the present case, the Mainland courts by contract under the jurisdiction of China's current legislation and practice, demonstrated in the case of DBS Bank in accordance with the contract of guarantee against Haomou the litigation is entitled to jurisdiction and the trial. Chapter through the analysis of the main contract KODA contract argumentation the financial derivatives Offer violation of mandatory law and invalid. Chapter IV discussed the legal effect of the contract of guarantee, the guarantee contract, the intent of the parties to circumvent China's foreign exchange approval, in accordance with China's judicial practice, can be found a violation of the mandatory legal norms, without going through by the court in violation of public policy grounds to deny the effectiveness of the parties to choose the applicable law. The fifth chapter in the combined analysis and foreign-related cases, to explore resolved civil disputes of similar cross-border financial products similar legislation and revelation. The purpose of this paper is to achieve the purpose of modest beginnings through the analysis of a typical case, provide a paradigm resolve future disputes similar financial derivatives and the protection of the interests of small investors, and China as soon as possible and improve relevant legislation, in line with judicial trend of globalization today, set up to improve the socialist legal system with Chinese characteristics.

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CLC: > Political, legal > Legal > International law > Private international law
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