The Law Of Cross-Border Securitization: Lex Juris

Topics:
Incorporation
Tags:
Law,
Securitization,
Tamar Frankel
Source:
Tamar Frankel

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Overview: This article discusses the process by which the law of cross-border securitization evolves and becomes uniform. New forms of cross-border securitization and new legal issues emerge while old forms and settled issues solidify into rules. In the beginning, article defines the meaning of a unified cross-border securitization "law." It also explains the law of cross-border securitization. Merchants in dealing with each other have analogized the law of cross-border securitization to lex Mercatoria, that is, the law created, and the rules created by their institutions to facilitate these dealings. It concludes that even though both laws are "market made," they differ mainly because the law of cross-border securitization is developed not by the parties to the transactions, but by lawyers.

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Format: HTML | Date: Jan 2003 | Pages: 1


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