Property in Securities A Comparative Study / [electronic resource] :
Eva Micheler.
- Cambridge : Cambridge University Press, 2007
- 1 online resource (284 p.) : digital, PDF file(s).
- Cambridge Studies in Corporate Law ; no. 6 .
Title from publishers bibliographic system (viewed on 12 Jul 2012).
Convergence and path-dependence -- Paper transfers -- Dematerialisation -- Impact on the institutional framework -- Defective issues -- Unauthorised transfers -- Indirect holdings -- Conclusions on English law -- German and Austrian law: the historic starting point -- Paper transfers -- Impact on the institutional framework -- Immobilisation and its legal analysis -- Evidence of convergence? -- Conclusions on German and Austrian law -- Legal development as a path-dependent process -- Legal doctrine and market infrastructure -- Implications for convergence.
Micheler analyses the German, Austrian and English law of securities, addressing the rules governing transfers of securities, including unauthorised transfers, equities arising out of defective issues, and the holding of securities through intermediaries. The book presents an account of the current English, German and Austrian regimes. It has been written with a view to explaining the German and Austrian regime to readers with a common law background and to explaining the English regime to readers with a civil law background. Micheler also aims to determine whether globalisation will cause the two different approaches to converge. It concludes that the respective rules in all three jurisdictions have historically evolved consistently with incumbent legal doctrine. This pattern of change is likely to continue. Convergence will occur on a functional rather than doctrinal level. Moreover, recent reform initiatives advanced by the UNIDROIT and the EU will lead to functional rather than doctrinal convergence.