The ramifications of fragmentation in the choice of law for shares

被引:3
|
作者
Ooi, Maisie [1 ,2 ,3 ,4 ,5 ]
机构
[1] Univ Hong Kong, Fac Law, Hong Kong, Hong Kong, Peoples R China
[2] High Court Malaya, Kuala Lumpur, Malaysia
[3] Supreme Court England & Wales, London, England
[4] High Court Hong Kong, Hong Kong, Hong Kong, Peoples R China
[5] Supreme Court Singapore, Singapore, Singapore
关键词
shares; securities; intermediated; lex situs; choice of law; conflicts; conflict of laws; Macmillan; PRIMA; Hague; Hague Securities Convention;
D O I
10.1080/17441048.2016.1207956
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
This article seeks to demonstrate that contrary to popular understanding, conflicts problems do not lie in the realm of intermediated securities alone, even as they are mostly represented as such in conflicts writings. Efforts to find a solution for intermediated securities have deflected consideration away from difficult issues that current conflicts approaches present even to dispositions of directly held shares and other securities. The thesis of this article is that unless these are addressed, the choice of law for intermediated securities will not find a viable solution.
引用
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页码:411 / 435
页数:25
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