跨國(guó)資產(chǎn)證券化的法律適用問(wèn)題.pdf

1、 1Abstract Based on the securitization practice at home and abroad, drawing on the experience of foreign legislation, this thesis uses comparative analysis method and examples of cross-border asset securitization on the

2、application of law issues. The paper is divided into four chapters, the following key elements: The first chapter introduces the basic concepts and features of the cross-border asset securitization. As scholars have many

3、 different definitions on cross-border asset securitization, the paper lists the views of many scholars as the basic concept firstly, and clarifies that there is no need to force the transaction to be an accurate asset s

4、ecuritization concept of the conclusions. Secondly, according to the characteristics of cross-border asset securitization , this charpter introduces the concept and features, participate in the main, operational procedur

5、es of cross-border asset securitization one by one, and make from the legal regulation to adjust the active mode and passive mode point of view, on the Asset Securitization Law Application of the analysis, for the smooth

6、 commencement of the subsequent chapters of the bedding. The second chapter analyzes from the active legal regulation to adjust the angle of the general foreign corporate recognition system and the system in the cross-as

7、set securitization in the specific content, referring to other countries and relevant international agreements, the basis for sorting out the relevant ideas ,concluding the corresponding results wihe the actual situation

8、 in our country in the fourth chapter. The third thapter analyzes the Legal Regulation of adjustment from the passive point of view of cross-border asset-backed securities issuance and trading of conflict of laws issues.

9、 Discussing the the traditional conflict rules under in system of indirectly held securities’ predicament and the reasons to apply principles of PRIMA. In the aforementioned analysis of basic theories of three chapters,