Publication

Private international law and finance

Just published: Nederlands internationaal privaatrecht Special issue: Private international law and finance

Author

Prof. Matthias Haentjens (ed.), Prof. Matthias Lehmann, Prof. Peter Mankowski, Dr. Paula Moffatt, Prof. Francisco J. Garcimartín, Dr. Sara Sánchez Fernández, Dr. Hubert de Vauplane

Date

13 April 2018

Private international law and financial law are two strongly intertwined areas of law. Firstly, they both are functional in nature, with a pragmatic rather than dogmatic focus. Secondly, both areas of law give centre stage to cross-border situations. The present issue of NIPR contains articles by experts who discuss various aspects of the intersection between private international law and finance.

• In Private international law and finance: nothing special? Matthias Lehmann seeks an answer to the question whether financial firms should be subjected to a special private international law regime or be subjected to the ordinary rules of conflict of laws.
• Peter Mankowski explores various aspects of the assignment of claims in private international law, highlighting inconsistencies and controversies that arise within the current legislative frameworks in Proprietary aspects of assignments of claims in private international law.
• Paula Moffatt reflects upon the impasse that has been reached in the discussion on the harmonisation of conflict of laws rules at EU level regarding intermediated securities in The standardisation of conflicts of laws rules for intermediated securities within the EU: Holy Grail or red herring?
• In Derivatives in a cross-border context: a conflicts-of-laws analysis Francisco J. Garcimartí and Sara Sánchez Fernández analyse some of the conflict of laws issues that arise within the realm of derivative contracts in the EU.
• Hubert de Vauplane challenges traditional perspectives on conflict of laws and property law in Blockchain and intermediated securities.