Obrót instrumentami finansowymi a komparatystyka prawnicza
Financial instruments trade and comparative law

Summary/Abstract: Due to the lack of numerus clausus principle of financial instruments in Polish law and the possibility of admission to the trade on the territory of Republic of Poland of the assets recognized as financial instruments in other EU countries, deepened legal and comparative studies are very important in the this field. The term „financial instrument” itself can take have different definitions in foreign languages: from the English word „securities”, the French expression „titre”, the German “vertpapier”, or the Swiss “effekten”. Depending on the concept of a financial instrument adopted in a given country, the way in which this formulation will be understood will be either broader or much restrained than in Polish law. In addition, the Polish law of financial instruments represents, according to the author, a good example of the impact that the concepts of financial instruments developed in other countries have on the scope of the notions of security and a financial instrument. The above described process is reflected in the definition of the above mentioned concept by the Polish legislator, who often refers indirectly to the law of other countries. Given the the above, through the analysis of Polish regulations, the author tries to prove the thesis that a legal-comparative approach of the described field can contribute to the further discussion related to the Polish law of financial instruments.

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