Law Commons^™

El Pacto Comisorio De La Ley De Garantias Mobiliarias Vs. El Pacto Marciano Del Real Decreto 5-2005, John Pineda Galarza, José Jareño Torrente

John Pineda Galarza

El pacto comisorio se encuentra prohibido en España, no obstante se promulgó el Real Decreto 5/005, el cual recoge al pacto marciano como una excepción a la prohibición del pacto comisorio. En ese contexto, se hizo un análisis económico comparativo sobre la aceptación del pacto comisorio en el sistema peruano y en su modalidad marciana española.

Park's Cases On Mortgages, Robert C. Brown

Dr Robert Brown

No abstract provided.

Mortgage Foreclosure, By Charles Hastings Wiltsie, Robert C. Brown

Dr Robert Brown

No abstract provided.

The Legal Relationship Between The Bank And Its Safe Deposit Customer, Richard A. Lord

Richard A. Lord

Today in the United States, virtually every commercial bank makes safe deposit services available for a small fee, either through a department of the bank or through a subsidiary or affiliated safe deposit company. Never before has the demand for safe deposit services been so great. More than ever before, Americans are turning to safe deposit companies and bank safe deposit vaults for the storage of their assets. This increased demand has caused increased concern among legislators and bankers about whether to regulate further the day-to-day affairs of the safe deposit business. Increased use of safe deposit vaults and boxes …

The Omnibus Clause Of U.C.C. Section 4-303(1)(D): A Holder's Sword Or A Payor's Shield?, Charles C. Lewis

Charles C. Lewis

In the years after the promulgation of the 1952 official text, particularly as the New York Law Revision Commission studied it, and as more and more states either studied the Code for enactment or actually enacted it during the late 1950's and early 1960's, law professors, practicing attorneys and bank attorneys commented on each provision of it. Section 4-303(1)(d) and its omnibus clause did not escape this scrutiny. Many of the commentators, however, did no more than describe the purpose of section 4-303's priority rules, point out that section 4-213(1)(c), a remarkably similar section in the Code, did not contain …

Hedge Funds & Poison Pills: Can Typical Hedge Fund Activism Really Be Considered A Reasonable Threat Under Unocal?, Vincent V. Hilldrup

Vincent V. Hilldrup

At a time when hedge fund returns have been stagnating and failing to meet expectations in the period from 2004-2007, they have also attracted significant amounts of capital as investors have eagerly sought to secure above market returns.1 Pressured to perform in the wake of the 2008 financial crisis, hedge funds have turned to shareholder activism as a means of maximizing profits and increasing their returns on investment, seeking to influence corporate policy and, if necessary, hold underperforming managers accountable. With significant amounts of funds available at their disposal, they have the means to pressure management and directly influence corporate …

Injunctions Against The Opening Of Gas Storage Facilities, Jorge E. De Hoyos Walther

Jorge E De Hoyos Walther

A recent decision from the Mexican Supreme Court, clarified the issued as to whether State Courts may issued injunctions against the opening of gas storage facilities related to the gas pipelines for the distribution of natural gas.

Interdictos En Contra De Contruccion De Ductos De Distribucion De Gas Natural., Jorge E. De Hoyos Walther

Jorge E De Hoyos Walther

Se analiza la más reciente jurisprudencia de la SCJN, referente a los interdictos en contra de construcción de ductos para la distribución de gas natural.

State Takeover Laws: A Rebirth Of Corporationlaw?, David K. Millon

David K. Millon

No abstract provided.

The G20 And Sustainable Imf Reform, Daniel D. Bradlow

Daniel D. Bradlow

This article explores the problems with the current arrangements for international financial governance and the prospects for the IMF being sufficiently reformed to play an effective role in future arrangements for international financial governance. It proposes that the G20 initiate a multi-step process of reform.

Fatca’S Impact On Foreign Investment In Us Real Estate And Related Products From 2013, William Byrnes

William H. Byrnes

No abstract provided.

Narrowing The Accountability Gap: Toward A New Foreign Investor Accountability Mechanism, David Hunter, Natalie L. Bridgeman

David B. Hunter

An ever-increasing number of standards, guidelines, principles, norms, and best practices have been adopted to address the environmental and social impacts of multinational enterprises (MNEs). This increase in standards and norms corresponds to a rise in MNE sensitivity to the environmental and social impacts that their activities have on local communities in developing countries. These standards and norms are considered voluntary by definition because they are typically not state-sponsored or the product of public regulation. They fill a normative gap located between the state-centered focus of international law and the often inadequate or unenforced standards of the developing country hosts …

Emerging Standards For Sustainable Finance Of The Energy Sector, Kirk Herbertson, David Hunter

David B. Hunter

No abstract provided.

Leveraging Art (Alternative Risk Transfer) For Difficult To Value Assets, William Byrnes

William H. Byrnes

No abstract provided.

Accords D’Imposition À La Source «Rubik»: Une Double Alternative, Fabien Liegeois

Dr. Fabien LIEGEOIS

Analyse de la systématique du Modèle suisse d'accords bilatéraux en matière d'imposition à la source (All;R-U; Aut).

Sarbanes-Oxley Five Years Later: Hero Or Villain., Charles W. Murdock

Charles W. Murdock

No abstract provided.

Why Not Tell The Truth: Deceptive Practices And The Financial Meltdown., Charles W. Murdock

Charles W. Murdock

No abstract provided.

Depoliticizing Financial Regulation, Steven A. Ramirez

Steven A. Ramirez

No abstract provided.

Product Due Diligence And The Suitability Of Minibonds: Taking The Benefit Of Hindsight, Christopher Chao-Hung Chen

Christopher Chao-hung Chen

This article focuses on some problems arising from applying the product due diligence requirement of the suitability rule to complex financial products. The article draws several conclusions. First, the ‘not unsuitable’ test should be adopted to reduce legal uncertainty. Second, the comparative risk approach is a better choice in assessing the suitability of investment products. However, there must be further elaboration of the classification of product risk. Third, there must be a balance between risk and return to avoid risk mismatches in product design. Fourth, what have been termed minibonds raise the problem of documentation suitability. Though it is difficult …

In Re Sigma Finance Corporation (In Administrative Receivership) And In Re The Insolvency Act 1986 [2009] Uksc 2 (29 Oct 09): Commentary, Chao-Hung Christopher Chen

Christopher Chao-hung CHEN

The case of Sigma Finance Corp was about the priority of payment under a Security Trust Deed for a structured investment vehicle (SIV). In essence, the key issue in the case was about whether debts due within the ‘realisation period’ after the occurrence of an ‘enforcement event’ should be paid ahead of other shortterm creditors.

The Consumer Financial Protection Bureau: Financial Regulation For The 21st Century

Patricia A. McCoy

After existing regulatory systems failed to prevent the recent financial crisis, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act, a sweeping reform designed to alleviate the crisis and prevent its recurrence. Out of this Act, the Consumer Financial Protection Bureau was born. This new agency is charged with making markets for consumer financial products and services work for Americans, a task that was previously spread out among seven different federal agencies with varying priorities. This Article describes, with a series of concrete case studies, four key principles that have guided the Bureau as it strives to fulfill …

Vetores Da Jurisprudência Na Interpretação Dos Contratos Bancários No Brasil, Bruno Meyerhof Salama

Bruno Meyerhof Salama

Baltimore After The War Of 1812: Where Robert Mills Met His Waterloo And When James A. Buchanan Broke The Bank, Garrett Power

Garrett Power

In 1815 Baltimore City was boom town. Its militiamen had repulsed the British sea invasion and presaged an end to the War of 1812. Napoleon’s defeat at Waterloo in 1815 signaled an end to European wars. Freedom of the seas had been restored. The Baltimore “Clipper” was the best sailing ship on the ocean. Baltimore looked to become the country’s leading exporter of grain, flour, and tobacco. Merchant James A. Buchanan, a partner in one of the country’s greatest shipping firms, had been named President of the Baltimore Branch of the Second National Bank of the United States. Civic leaders …

Defining Our Terms Carefully And In Context: Thoughts On Reading (And In One Case, Rereading) Three Books, Cynthia C. Lichtenstein

Cynthia C. Lichtenstein

In preparing to write this paper, I read again Walter Bagehot’s Lombard Street: A Description of the Money Market , Perry Mehrling’s The New Lombard Street: How the Fed Became the Dealer of Last Resort and John Authers’ The Fearful Rise of Markets: Global Bubbles, Synchronized Meltdowns, and How to Prevent Them in the Future. . Bagehot, of course, was the Governor of the Bank of England when he wrote what Mehrling calls his “magisterial” treatise in 1873 on how a central bank must react to a financial crisis. Mehrling is an economist and an economic historian. Authers is a …

A New Role For The International Monetary Fund In A New World Economic Order, Cynthia C. Lichtenstein

Cynthia C. Lichtenstein

The IMF must change to deal with its new functions in a changed world of interconnected global financial markets. The piece first describes the Fund's mandated process of internal reform as of the time the paper was given (2007). It then summarizes the recommendations of Mervyn Kind, Governor of the Bank of England (in a talk he gave in India) as to how the Fund should change its oversight of the functioning of the international monetary system.

Structured Notes Fiasco In The Courts: A Study Of Relevant Judgments In Taiwan Between 2009 And 2010, Christopher Chao-Hung Chen

Christopher Chao-hung CHEN

The purpose of this article is to analyse relevant judicial decisions in Taiwan regarding structured notes sold to retail investors. Regarding pre-sale disputes, one issue was that investors failed to read contractual documents properly before signing contracts, so there was a question whether they could later claim a bank’s violation of its duty to explain. This article favours the view that an investor’s signature may exempt a bank’s duty, provided that investors are made aware of relevant warnings. In addition, for suitability assessment, relevant judgments show that customers were too easily classified as active investors based on a simple questionnaire. …

Regulation Of Speculation In The Financial Market: Focusing On Derivative Instruments, Christopher Chao-Hung Chen

Christopher Chao-hung Chen

This article argues that market speculation is a conduct to acquire benefits by undertaking risk. Derivative instruments are powerful tools for market participants to conduct market speculation, which may help hedging, market making and completing investment market. However, pure and excessive speculation might cause net loss of market efficiency and create external costs. Some speculative transactions may imply asymmetric information. Market speculation might also lead to market abuse and even systemic risk. These reasons provide the basis to regulate market speculation by derivatives trading. This paper argues that Taiwan law might build on current regulatory model centring on the type …

Information Disclosure, Risk Trading And The Nature Of Derivative Instruments: From Common Law Perspective, Christopher Chao-Hung Chen

Christopher Chao-hung CHEN

This paper explores issues of pre-contractual disclosure for derivative instruments, of which this paper describes as contracts to trade risks, in the UK and US. While there is no general duty of disclosure in common law, this paper focuses on whether there should be a duty of disclosure for derivative instruments by comparing with securities law and insurance law. This paper argues that mandatory disclosure in the securities market cannot be extended to exchange-traded futures contracts (save where securities are involved) because of the nature of securities. In addition, this paper argues that derivative instruments, though similar to insurance in …

Classification Of Clients Of Financial Firms: From Comparative Law Perspective, Christopher Chao-Hung Chen

Christopher Chao-hung Chen

The purpose of this article is to examine current regulations under Taiwan law with regard to classification of clients of financial firms in Taiwan from the perspective of comparative law. After comparing with relevant laws in the EU, UK, USA, Hong Kong, and Singapore, this article argues that there are certain points worth further consideration and revision under Taiwan law: first, the level of current regulation in Taiwan and its scope are rather limited compared with foreign laws; secondly, it is necessary to introduce other standards than mere ‘total assets’ in order to determine a ‘large’ enterprise; and thirdly, current …

The Construction Of Suitability Obligation Of Financial Institutions When Selling Structured Products: From Comparative Law Perspective, Christopher Chao-Hung Chen

Christopher Chao-hung Chen

The purpose of this article is to examine the suitability rules regarding structured products under Taiwan law from a comparative law perspective. After the global financial crisis, Taiwan has imposed specific suitability obligations on financial institutions when they promote derivatives and structured products. However, the suitability rule is only placed in administrative regulations and its scope is also limited. In addition, Taiwan law does not distinguish different types of relationships between a financial institution and a client. Furthermore, the biggest challenge to the suitability rule is to define the meaning of ‘suitable’. This article argues that the starting point is …