The Law Applicable to Security Interests in Intermediated Securities Under Ohada Law by Monsenepwo, Justin
The Law Applicable to Security Interests in Intermediated Securities Under Ohada Law by Monsenepwo, Justin

The Law Applicable to Security Interests in Intermediated Securities Under Ohada Law

In recent decades, the technical handling of custody business in the OHADA region has undergone a lasting...
$483.20 AUD
$483.20 AUD
SKU: 9783161612824
Product Type: Books
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Author: Justin Monsenepwo
Format: Paperback
Language: English
Subtotal: $483.20
The Law Applicable to Security Interests in Intermediated Securities Under Ohada Law by Monsenepwo, Justin

The Law Applicable to Security Interests in Intermediated Securities Under Ohada Law

$483.20
The Law Applicable to Security Interests in Intermediated Securities Under Ohada Law by Monsenepwo, Justin

The Law Applicable to Security Interests in Intermediated Securities Under Ohada Law

$483.20
Author: Justin Monsenepwo
Format: Paperback
Language: English
Description
In recent decades, the technical handling of custody business in the OHADA region has undergone a lasting change. There has been a shift from a direct to an indirect holding system, in which the interests of an investor in respect of the underlying securities are recorded in the books of an intermediary (such as a bank or a securities firm). Under the law of all states within the OHADA region, the traditional conflict of laws rule for determining the enforceability of a securities pledge that occurs in the indirect holding system is the lex rei sitae (or the lex cartae sitae or the lex situs) rule. However, the traditional lex rei sitae rule cannot be appropriately applied to a system where the dematerialised securities are held through multiple layers of intermediaries located in different jurisdictions. Yet, until the intermediated system and the collateralisation of intermediated securities in the OHADA region will continue to operate in somewhat legally murky waters, leading to more instability in the financial markets. Therefore, Justin Monsenepwoaims to find an appropriate and consistent approach that reflects the reality of the indirect holding system in the OHADA region.

Author: Justin Monsenepwo
Publisher: Mohr Siebeck
Published: 01/01/2023
Pages: 450
Binding Type: Paperback
Weight: 8.28lbs
ISBN: 9783161612824

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