Umowne zabezpieczenia finansowe polegające na przeniesieniu prawa do majątku wierzyciela: konstrukcja i rodzaje
Contractual financial collateral consisting in the transfer of the right to the creditor’s property: construction and types

Summary/Abstract: The purpose of the article is to outline the general characteristics of agreements on financial collateral and reconstruction, by focusing on statutory financial collateral arrangements based on the transfer of rights to the creditor’s property. The structure of these securities takes into account the specificity of financial market transactions but also expresses certain universal features of this type of security. The analysis of these features may be helpful in contractual practice and in the construction of a normative model of security for the needs of general trade. The characteristics of fiduciary securities are a controversial issue and their admissibility is criticized. The above-mentioned arrangements, while implementing the objectives of the Directive, force a change in approach, at least in relation to financial collateral based on the transfer of rights.

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