Research On Several Legal Issues Of The Transference Of Asset In Asset Securitization

In the 1970s the originating in the United States, a new financial innovation-asset securitization, financial globalization and liberalization under the background of the multinational asset securitization in the international financial market is playing an increasingly important role. Asset transfer of asset securitization is a multinational, also be this paper studies the core part perspective and important part.This paper text points, roughly six parts:the first is the logical structure of transnational asset securitization, summarizing, mainly including the definition of asset securitization, the legal nature and processes, in order to give an overall understanding; The second part, detailed discussion of the asset transfers legal connotation and legal properties. The author thinks that bankruptcy isolation view of narrow suspicion because transfer in multinational assets produces in the process of risk often came not just from the promoter and the SPV bankruptcy, they also include assets transferred to qualitative risk, etc. Therefore, should understand for risk isolation; Secondly, for the legal nature of assets transferring fibbing, academic debate. The author agrees with real selling point, and from the legal theory, legislation practice and the final effects three aspects to understand; The third part, the legal standard for asset transferred for detailed discussion on the determination standards, assets transferring the dispute mainly is formalism legislative model and essence doctrine legislative model, the author agrees with the legislative model of socialist essence. And analysis the essence of socialism legislative model of American legislation and judicial cognizance standard, and enumerates the related provisions of international treaties, and in combination with the practice of the assets to be transferred determination standards for our country, and finally put forward the relevant legislation improvement Suggestions.; The fourth part, for multinational assets transferring in a special form-the transfer of future debt problems are discussed for the future, through the legal analysis of assignment of the obligee’s right to foreign experience with analysis, finally puts forward relevant legislative proposals. Our related legislation has admitted that the future of creditor’s rights, but alienable compared the provisions of the United States and other countries for a narrower, appear scope. Therefore, the author thinks that future claims of prohibitions, should not only in law explicitly, also should be adequately broaden the scope, in order to adapt to the needs of the assets to be transferred, improve the efficiency of the multinational asset securitization; The fifth part of assets, the effective transfer of forms--the debtor "inform" theoretical analysis combining foreign experience, and puts forward Suggestions on our country’s legislation; The sixth part of transnational asset transfer, probes into the problems of the legal conflict, combining the Rome convention and the United Nations convention on the international trade receivables transfer "relevant provision, presented related problem solutions.