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Asset Securitization Legal System Research

Posted on:2003-02-10Degree:DoctorType:Dissertation
Country:ChinaCandidate:W L FengFull Text:PDF
GTID:1116360065956951Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Asset Securitization is one of the most significant financial innovations of the 20th century, it is a method of social need and economist educating together, Asset securitization bridges a lucidly connect tool between capital supplying parties and demanding parties with its special structure and powerful function. Being initiated created by the United States bring a wave tide in whole worldwide scope, Asset securitization law is serial rules of the financial innovation. For against various risks of asset securitization operation, Asset securitization law was born. It has stired a heated discussion in the circle of economics of our country. They discussed future foreground applying of the financial innovation. While unfortunately it has long been neglected in legal studies, did not proceed extensive and in-depth research. Exactly according to the above background, the thesis tries to analysis the legal problem that interferes in the financial innovation. The innovation may meet with legal obstacle after applied by our country, so this thesis stired an in-depth study. The thesis totally is divided into 16 chapters. Among them ex- eight chapters is a general introduction part. They theoretically study the problem of some special subject legal problems. The other eight chapters analyze various asset securitization products' characteristic and legal problem, bring up theories that the lawmaking suggestion. Finally the thesis applying theory to analysis a typical asset securitization case although finally it could not proceeds.According to above analysis, thesis has two topics: The first, the thesis looks for methods to eliminate risks that asset securitization has and try to dissolve them through making serials rules. The second is combining our country's concrete law provision, looks for connect method to our country's financial law, company law, stock law, contract law, tax law, real estate law and trust law, in order to establish our country's asset securitization law.According to above thinking way, thesis research along this the main line proceeds,Chapter 1 defines the asset securitization's concept and category. The thesis analysis asset securitization's economic meaning, and expatiates asset securitization law's value.Chapter 2 relates to asset securitization's reputation problem. The writer thinks, at the time that asset securitization return not perfect, because our country still does not have system foundation towards reputation widespread observed and the traditional foundation, then bring up some suggestions on establishing perfect reputation systems of our countries.Chapter 3, what thesis talks is how to take charge of asset securitization.Chapter 4, discusses accountancy standard for asset securitization.Chapter 5, the thesis analysis law kind of asset transfer in asset securitization. Transfers creditor's right is different from real right property. Transfers creditor's rights and real right property same alike, but have the very big difference on the degree that rights realizes of, Analysis asset transfer's force adeffect that applied current law of our country.Chapter 6, the thesis introduces the most widespread and the most typical model of financial capital securitization abroad. According to introduction abroad financial capital securitization. And analysis financial capital securitization's legal obstacles may meet with for each link in our country, bring up some legislation's suggestion. The thesis releases the revenue questions. Revenue is a important law means for nation regulating the economic corpus income, a law system, usually accompany with revenue from tax problem, Revenue from tax whether high or low reflects benefits assignment, and it affects to putting of a law system into practice.What the thesis's chapter 7 introduces is real estate securitization's fulfillment and legislation abroad, the thesis chooses the United States' real estate investment trust, land trust and real estate limited partnership. According to introduction real estate securit...
Keywords/Search Tags:Securitization
PDF Full Text Request
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