Dissertation > Excellent graduate degree dissertation topics show

Research on the Legal Liability of Futures Exchange

Author: YueXiuRan
Tutor: ZhaoXinHua
School: Jilin University
Course: Civil and Commercial Law
Keywords: Futures Futures brokerage companies Liability
CLC: D922.29
Type: Master's thesis
Year: 2005
Downloads: 208
Quote: 2
Read: Download Dissertation

Abstract


In our legal system of futures, there are many regulations about the legalliability of the futures corporations and their clients. But the legal liability of thefutures exchanges is seldom mentioned. This leads to the difficulty in judging thelegal liability of futures exchanges. In this article, the writer wants to discussesthe legal liability of futures exchanges in the following aspects.Chapter one is named the relationship between the futures exchange and theother legal entities in the futures market. As the legal liability is the unfavorableconsequence of violating the legal duty, and the legal duty depends on what kindof role the legal entity plays, so if we want to know how many and what kind oflegal liability the exchange may bear, the first thing we must know is what kindof role the exchange is playing in the relationships between the exchange andother legal entities. There are mainly two kinds of legal entities expect theexchange in the futures market, they are the futures corporation and its client. Inthe relationship between the exchange and the futures corporation, the exchangeplays the role of corporate person, service provider, the guarantor and Supervisor.Chapter two is named the legal liability of futures exchange under itsdifferent role. As the legal person, the exchange should try its best to protect thelegal rights and interests of its members. If it fails to do so, it has to bear theunfavorable consequence which is prescribed in the related law. As the serviceprovider, the exchange should provide places, facilities and relevant servicesneeded for futures trading. If the members of futures exchange bears loss becauseof the failure of the exchange to do so, the exchange should pay for it. As theguarantor of futures trading, the exchange plays the role of buyer to all of thesellers, and the seller to all of the buyers. Any party committing the breach willleads to the result of compensation by the exchange. Of course, after thecompensation, the exchange can ask the breaching party to pay for it. As thesupervisor of futures market, the exchange’s power of supervising comes fromthe source of authority by law, supervising department and its members. So, theexchange must use the power in the scope of the above-mentioned authority. If ituses the beyond-scope power, the exchange may bear the legal liability accordingto the related regulations. Chapter three is named the legal liability of futures exchange during theperiod of delivery. If members with short positions commit the breach, memberswith long positions may take one of the following two measures. a. to terminatedelivery, b. to continue delivery. If he chooses the latter, the exchange will makean announcement of purchase on the next business day after judging the breach ofmembers with short positions, and carries out the purchase within seven days. Ifmembers with long positions commit the breach, members with short positionsmay take either of the following two measures. a. to terminate delivery. b. tocontinue delivery. If he chooses the latter, the exchange will make anannouncement of sale of standardized warrants on the next business day afterjudging the breach of members with long positions, and carries out the sale withinseven days. If the members suffer loss because of the fault of the warehouse, asthe warehouse is designated by the exchange, the exchange should be responsiblefor the act of the warehouse. Chapter four is named the legal liability of futures exchange of liquidating

Related Dissertations

  1. A Study about the Stock Index Future’s Influence on the Stock Market,F224
  2. On the Consummation of Corporation Personality Denial Legal Regime in Our Country,D922.291.91
  3. The Research of Vicarious Liability,D923
  4. Study of the security obligations of the property services company,D923
  5. Discuss on Infringing Contracting Interest by Third Party,D913
  6. No mean contact number tort liability,D923
  7. Altitude parabolic causing damage tort liability,D923
  8. The reality of investigation and legal thinking of the type of partnership enterprises in China,D922.291.91
  9. On the limited liability company 's shareholders' equity succession Comment,D922.291.91
  10. Study on the Impact of the Introduction of Asset-liability View for Accounting Information Value Relevance,F224
  11. The Key Account Service Management Mode Research of Tao Cheng Power Supply Limited Liability Company,F426.61
  12. On the Implementation of Shareholders’ Prioritized Purchase Right in the Limited Liability Company,D922.291.91
  13. Discussion on the Protection of Minority Shareholders’ Rights in Limited Liability Companies,D922.291.91
  14. Impasse under the limited liability company 's shareholders to exit the system,D922.291.91
  15. Restrictions on Share Transfer of Limited Liability Company,D922.291.91
  16. On Civil Liability of Online Transaction Platform Providers,F724.6
  17. The Application Research to Risk Measurement of Index Futures,F224
  18. On the limited liability company 's equity inheritance,D922.291.91
  19. Research on the Responsibility Identification of Network Reputation Infringement,D923
  20. Research on the Employer’s Personal Injury Compensation Towards the Babysitter,D923
  21. Study on the Tobacco Litigation,D925.1

CLC: > Political, legal > Legal > Chinese law > Economic Law
© 2012 www.DissertationTopic.Net  Mobile