Research On Legal Issues Related To The "Valuation Adjustment Mechanism"

"Valuation Adjustment Mechanism" is a widely used class of venture capital,mergers and acquisitions, financial derivatives contracts and other areas, follow thegeneral principles and rules embodied under contractual rules. From the perspectiveof the legal nature of the contract, the "Valuation Adjustment Mechanism" is differentfrom conditional contract with guaranteed contracts, but a fulfillment promote otherlegal relations, the balance of both aleatory contract valuation and understandingdifferences, follow the rules under the contract with the principle of fairness,legitimacy. For the "Valuation Adjustment Mechanism" the force of law, shall bedetermined in accordance with the general specifications of the contract and"Valuation Adjustment Mechanism" applies specifically to the field of the relevantnorms. For practice,"Valuation Adjustment Mechanism" judicial evaluation, due tothe lack of appropriate specific legislation, should specific analysis under the principleof respect for autonomy and freedom of contract, reduction "Valuation AdjustmentMechanism," the essence of the transaction, this guide "Valuation AdjustmentMechanism" virtuous use.