Refresh

0 Hits

Kleinsorgen

Collective Action Clauses in Wertpapieren der Bundesrepublik Deutschland

Nomos,  2016, 394 Pages

ISBN 978-3-8487-2917-3


Our continuation service: You will receive new series titles or new editions automatically and without obligation to purchase. If you wish to do so, you can mark it in the shopping cart.

The work is part of the series Schriften zum Finanzrecht und Währungsrecht (Volume 6)
99,00 € incl. VAT
Also available as eBook
99,00 € incl. VAT
Available
Add to shopping cart
Add to notepad
 Further options for registered users

englischThe dissertation analyses the implementation and application of standardized and identical clauses, as agreed in Art. 12 III ESM-Treaty, so called Collective Action Clauses, in German Federal Sovereign Securities. Germany uses a contractual approach of implementing CACs in its Securities terms, accompanied by national legislation in the Federal Government Debt Management Act („BundesschuldenwesenG“).

The dissertation shows that the implementation swings between a strive towards a level playing field among bonds issued under German law and compliance with self-binding standards as agreed on a European level. In analyzing the German way of implementation as well as the consistency with German national Constitutional Law, European Law and Public International Law, mainly Bilateral Agreement Treaties, the author finds a balanced framework with a slight tendency of preference for European standards over national formal synchronism.