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Specyfika zawierania umowy sekurytyzacji
Specifics of Securitization

Author(s): Michał Nejman
Subject(s): Law on Economics
Published by: Łódzkie Towarzystwo Naukowe
Keywords: prawo handlowe; sekurytyzacja; dopuszczalność przedmiotowa i podmiotowa sekurytyzacji; commercial law; securitization; trade agreement; objective and subjective admissibility of securitization

Summary/Abstract: Article refers to the concept of securitization in the Polish commercial law. The aim of this publicationis to present the stages of dissemination of securitization in the course of trade, its legalnature, stable ingredients, the objective and subjective admissibility, the rights and obligations ofthe parties and other entities participating in securitization, the economic purpose, the possibleimpact on the financial undertaking which is party to the securitization, as well as the realizationspread of securitization in Poland due to the possible benefit of its conduct, and hence, the need toregulate by law its conclusion. The article has been omitted specific issues of legal regulation ofsecuritization carried out in Poland, due to their residualness, excessive formalism and mismatchto the realities of the current economic turnover. In conclusion, the author presents proposals delege ferenda about the legal regulation of securitization in Poland in relation to non enacted draftlaw on securitization of 2003.

  • Issue Year: 2017
  • Issue No: 104
  • Page Range: 101-119
  • Page Count: 19
  • Language: Polish